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s 























Elementary Civics 


FOR USE IN THE 


Public Schools of Texas 


BY 



Dean of Law Department, University of Texas 
Ex-President of the Association of American Law Schools 


AUTHOR OF 


Texas Pleading, American Elementary Law, General 
Principles of the Laws of Torts, Law Books 
and How to Use Them, and Civil 
Government in the United 
States and in Texas 


Published by 


E. L. STECK 


AUSTIN, TEXAS 



Copyright 1912 


©CI.A328080 


PREFACE. 


Intelligence and correct information on gov¬ 
ernmental affairs are as essential as patriotism 
to the proper exercise of citizenship. The Leg¬ 
islature of Texas recognized this fact when, in 
1907, it added Civil Government to the topics 
to be taught in the Public Schools of the State. 

Instruction in this subject in order to over¬ 
come the conditions of ignorance sought to be 
removed by the Legislature, must cover both 
the Science and Art of Government. The text 
on which the instruction is based must, there¬ 
fore present the subject in both these aspects. 

The Science of Government deals with its ne¬ 
cessity, sources, powers, duties, and funda¬ 
mental principles and' is necessarily abstract. 
The Art of Government deals with the actual 
agencies in and through which it operates, and 
its methods of action, and is necessarily con¬ 
crete. 

All abstractions are difficult to children. The 
concrete separated from the abstract, in this 
topic at least, is unreasoning, and arbitrary, and 
can be gotten and retained only by memoriter 
processes. 

These conditions are inherent in the subject. 



IV 


PREFACE. 


They cannot be changed and ought not to be 
ignored in the preparation of a text. To re¬ 
move the difficulty would require a change 
either in the subject itself or in the human 
mind, tasks alike impossible. 

To ignore them would be to follow the 
proverbial folly of the ostrich, in thinking it 
has avoided danger by sticking its head into 
the sand. 

There is but one intelligent solution, that is 
to recognize these difficulties, and lessen them 
as far as thoughtful treatment can do this. This 
the author has earnestly endeavored to do in 
this volume. 

The textbook on Civil Government now in 
use in the public schools was written by him. 
It was designed for use in the High Schools. 
The only criticism of the subject matter of the 
book which extensive inquiry of teachers and 
pupils have elicited, is that it is too difficult foe 
use in the sixth to the eighth grades. Feeling 
that pupils in those grades should have the ben¬ 
efit of study of this topic, the author has pre¬ 
pared this Elementary book. 

It is modeled, in general plan and organiza¬ 
tion of the subject and doctrines, after the 
former book, but has been very much simpli¬ 
fied. The author firmly believes it will be as 


PREFACE. 


easily taught and comprehended as any book 
on the subject can be made to be, which pre¬ 
sents it in a manner needed by the public and 
contemplated by the law. 

JNO. C. TOWNES. 


Aug. 1, 1912. 



CONTENTS 


PART ONE—PRINCIPLES OF GOVERNMENT. 

CHAPTER I. 

General Conceptions of Government. 

Introduction, 1—General Idea of Government, 1— 
The Necessity for Civil Government, 3—Force 
Necessary to Government, 5—Purpose of Govern¬ 
ment, 6—Three Kinds of Power in Government, 
7—Political Power, 7—The Extent of Political 
Power, 8—Sovereignty, 9—Seat of Sovereignty, 
10—Organization Where All Political Power is 
in One Person, 11—Organization Where Political 
Power is Vested in a Few, 12—Organization 
Where Political Power is Widely Distributed, 12— 
Officers, 13—Definition of Government, 13. 

CHAPTER II. 

Forms of Government. 

Introduction, 15—Monarchies, 16—Absolute Mon¬ 
archies, 16—Limited or Constitutional Monarchies, 

17— Aristocracies, 18—Democracies or Republics, 

18— Pure Democracies, 18—Representative Dem¬ 
ocracy, 19—The True Seat of Sovereignty in Dem¬ 
ocratic Governments, 22—The Right to Vote, 22— 
Self-Government, 24—Subdivisions of a State and 
Their Powers, 25—Different Kinds of States, 26— 
Unitary States, 26—Confederations, 27—Federal 
Government, 28. 


CHAPTER III. 

Development of Constitutional Govern¬ 
ment ... 

Early Forms of Government, 31—Democratic Ten¬ 
dencies, 32—England as an Example, 3 2—Consti¬ 
tutional Development in America, 33—Matters Us¬ 
ually Contained in Written Constitutions, 35—A 





Second Classification of Constitutional Provisions, 
36 —Reasons for Different Departments of Govern¬ 
ment, 39 —Departments of Government, 40 —Legis¬ 
lative Department, 41 —Judicial Department, 41- 
Executive Department, 42. 

CHAPTER IV. 

Sovereignty—Some of Its Powers and Its 
Relations to Individuals. 

Duty of Self-Protection, 43 —Power to Raise Money 
44 —Other Sources of Public Revenue, 45 —Power 
to Borrow Money, 4 6 —Power of Eminent Domain, 
4 6 —Police Power, 47 —Relation of the Individual 
to Sovereignty and Government, 4 8 —Generally, 
48 —Subjects, 48 —Citizens, 4 8 —rAllegiance, 49- 
Aliens, 4 9 —Inhabitants, 49 —Residence and Dom¬ 
icile, 50 —Duties of a Government to Its Citizens, 
50 —Duties of the Citizen, 51. 

CHAPTER V. 


Political Parties . 

Parties Necessary in a Republic, 54 —Origin of 
Political Parties, 55 —Organization of Political 
Parties, 56 —How Such Organization is Effected, 
57 —Party Platforms, 58 —Nomination of Candi¬ 
dates 59 —Convention Plan, 60 —Primary Elec¬ 
tions, 62. 

PART TWO—EARLY GOVERNMENT IN AMERICA. 

CHAPTER VI. 

Government in the Colonies and Under the 
Confederation . 

Early Settlements, 65 —Charters, 66 —Convention 
of 1765, 67 —Continental Congresses, 68 —The 

First Continental Congress, 70 —Second Conti¬ 
nental Congress, 70 —Condition of the Colonies 
when Independence was Declared, 71 —Declaration 
of Independence, 72 —The Confederation, 73 —Na¬ 
ture of the Confederation, 74 —Convention Form¬ 
ing the Present Constitution, 76 —Organization of 
Government Under the Constitution, 77. 





CONTENTS. 


IX 


PART THREE—UNITED STATES OF AMERICA. 

CHAPTER VII. 

General Nature of the United States Gov-. . 
eminent and Its Relation to the States 
Composing It . 80 

Introduction, 80 —The United States and Its Con r 
stitution, 81 —Result of the War on Construction 
of the Constitution, 81 —Sovereignty Divided Be¬ 
tween the People of the States and of the United 
States, 82 —The Constitution the Basis of Separa¬ 
tion, 83 —Constitution Construed by the Supreme 
Court, 84 —Relations Between the State and Fed¬ 
eral Government, 85 —Amendments to the Consti¬ 
tution, 85. 

CHAPTER VIII. 

Territorial Possessions and New States. . . 88 

Territorial Possessions, 88—Territorial Govern¬ 
ments, 8 9 —Territorial Organic Acts and State 
Constitutions, 89 —New States, 90 —Creation of 
New States, 91 —Annexation of Texas, 92 —Status 
of New States, 93 —United States Dependencies, 94. 

CHAPTER IX. 

Legislative Department of the United 

States Government . 96 

Introduction, 9 6 —Law Making, 96 —Formation of 
Congress, 9 7—Senate, 9 7—Election of Senators, 

98 —Filling Vacancies, 9 8 —Organization of the 
Senate, 98 —House of Representatives, 99 —Elec¬ 
tion of Representatives, 9 9 —Filling Vacancies, 101 
—Organization of the House, 101 —Manner of Leg¬ 
islating, 101 —The President’s Connection with Leg¬ 
islation, 103. 


CHAPTER X. 


Powers of Congress. 

United States Government One of Enumerated Pow¬ 
ers, 106—Express Powers of Congress, 107—Tax- 


106 





X 


CONTENTS. 


ing Powers of the United States, 108—Direct Tax¬ 
ation, 108—Indirect Taxation, 110—Power to Es¬ 
tablish Postoffices and Post Roads, 111—Coining 
Money, 111. 


CHAPTER XI. 

Powers of Congress, Continued. 120 

Power to Borrow Money, 120—Bills of Credit, 120 
—Power over Commerce, 120—Naturalization, 121 
—Power Over Bankrupts and Their Creditors, 123 
—Copyrights and Patents, 123—Implied Powers, 

124—Example of Implied Powers, 125—Powers the 
Houses Exercise Separately, 126—Separate Powers 
of the Senate, 12 6—Impeachment. 127—Separate 
Powers of the House of Representatives, 128. 

CHAPTER XII. 

Executive Department . 129 

Introduction, 129—Executive Officers, 129—The 
President, 130—Qualifications and Term of Office, 

130—Electoral College, 131—The Effect of Politi¬ 
cal Parties on the Election of President and Sen¬ 
ators, 132—Manner of Election, 13 6—Powers and 
Duties of the President, 137—Chief Executive, 137 
—Pardoning Power, 13 7—Powers in Connection 
with Treaties, 138—Appointment and Removal of 
Officers, 138—Powers in Connection with Legisla¬ 
tion, 139—Military Powers, 139—Plan of Succes¬ 
sion, 140—Vice President, 140—Duties of Vice 
President, 141—Branches of the Executive Depart¬ 
ment, 141—President’s Cabinet, 141—Work of 
These Departments, 141. 

CHAPTER XIII. 

Judicial Department of the Federal Gov¬ 
ernment . 144 

Introduction, 14 4—Classification of Courts, 144— 
Judicial Power of the United States, 14 5-—Federal 
Judicial System, 147—District Courts, 148—Organ¬ 
ization of a Court of Original Jurisdiction, 150— 
Procedure in Trial Courts, 155—New Trials, 156— 
Appeal or Writ of Error 157—Circuit Court of Ap¬ 
peals, 157—Supreme Court, 159—Federal Judges, 

160. 





CONTENTS. 


xi 


CHAPTER XIV. 

Restrictions and Guarantees in the Federal 

Constitution . 162 

Introduction, 162—Restrictions on the Federal 
Government Only, 162—Habeas Corpus, 163—Re¬ 
ligious Rights, 163—Freedom of Speech and of 
the Press, 163—Manner of Charging with Crime, 

164—Former Jeopardy, 164—Trial by Jury, 165— 
Guarantees as to Evidence, 165—The Tenth 
Amendment to the Constitution, 165—Restrictions 
Binding on the State Government Only, 167—Laws 
Impairing the Obligations of Contracts, 167—Equal 
Protection of the Law, 167—Provisions Restrictive 
on Both Federal and State Governments, 168—Ex 
Post Facto Laws, 168—Due Process of Law, 168 
—Right to Vote, 168—Guarantees, 169—Guaran¬ 
tees to the States, 169—Republican Form of Gov¬ 
ernment, 169—Invasion and Insurrection, 170-— 
Guarantees as to Commerce, 171—Relations of 
States to Each Other, 171—Extradition of Crim¬ 
inals, 172—Privileges and Immunities of Citizens 
Within Other States, 172—Fourteenth Amend¬ 
ment, 173. 

PART FOUR—GOVERNMENT OF THE STATES WITH 
PARTICULAR REFERENCE TO TEXAS. 

CHAPTER XV. 

The State Governments. 176 

Brief Review, 176—Political Subdivisions of a 
State. 178—Counties, 179—Organization of Coun¬ 
ties, 180—County Officers, 180—Political Districts, 

181—Voting Precincts, 182—Justices’ Precincts, 

183—Commissioners’ Precincts, 183—School Dis¬ 
tricts, 184—Cities and Towns, 184—Methods of 
Incorporating Cities and Towns, 185—Powers and 
Duties of Cities and Towns, 185—Important Po¬ 
litical Powers of the State, 186—Taxation, 186— 
Eminent Domain, 187—Police Power, 187. 

CHAPTER XVI. 

Brief Historical Sketch of Government in 
Texas .,. 190 

Early Claims, 190—Mexican Revolution, 190— 

Texas in the Mexican Republic, 191—Colonization 





CONTENTS. 


xii 


of Texas, 191—Disturbances in Mexico, 192—Ef¬ 
fect in Texas, 193—Santa Anna’s Usurpation, 194 
—Consultation of 1835, 194—Provisional Govern¬ 
ment, 19 5—Convention of 1836, 195—Military Op¬ 
erations, 196—Government Ad Interim, 197. 

CHAPTER XVII. 

Brief Historical Sketch of Government in 

Texas, Continued . 200 

Republic of Texas, 200—Jurisprudence of Texas, 

2 01—Original Legislation in Texas, 202—Success 
of the Republic, 203—Texas as a State Prior to 
the Present Constitution, 204—Secession, 205—- 
Reconstruction, 2 05—Preparation.and Adoption of 
the Constitution of 4 876, 209—Amendments to 
the Constitution of 1876, 210—Summary, 210. 

CHAPTER XVIII. 

The Present State Constitution Known as 

the Constitution of 1876. 215 

Introduction, 215—The Preamble of the Constitu¬ 
tion, 215—Sovereignty of Texas, 216—Recognition 
of God, 217—Departments of the State Govern¬ 
ment, 218—Political Rights, 219—Voting and 
Citizenship, 220—Regulation of Elections, 221— 
Protection of the Ballot, 224—Right to Hold Of 
flee, 2 24. 

CHAPTER XIX. 

Legislative Department. ... 227 

Introduction, 2 27—Legislative Powers of a State, 

227—Legislature, 230— Senate, 230—Organiza¬ 
tion of the Senate, 231—House of Representatives, 

231-—Organization of the House, 233—Payment, 

2 33—Proceedings in the Legislature, 23 3—Restric¬ 
tive Provisions, 23 4—Local and Special Laws, 234. 

CHAPTER XX. 

Executive Department. 236 

Introduction, 236—Officers of the State Executive 
Department, 237—Terms and Manner of Election, 






CONTENTS. 


xiii 


23 8—The Governor, 23 8—Governor’s Connection 
with Legislation, 240—Lieutenant Governor, 242— 
Comptroller of Public Accounts, 243—State Treas¬ 
urer, 244—Commissioner of the General Land Of¬ 
fice, 245—Attorney General, 24 6. 


CHAPTER XXL 

Executive Department, Continued. 249 

Superintendent of Public Instruction, 249—Com¬ 
missioner of Agriculture, 250—Secretary of State, 

250—Commissioner of Insurance and Banking, 251 
—Adjutant General, 252—Board of Pardons, 252— 

State Health Officer, 253—State Revenue Agent, 

254—State Purchasing Agent, 255—State Tax 
Commissioner, 256—Pension Commissioner, 256— 

Other State Executive Officers, 256—Different 
State Boards, 257—Railroad Commission, 257— 
County Officers, 258. 


CHAPTER XXII. 

Judicial Department of the State Govern¬ 
ment . 258 

Introduction, 2 58—Judicial Powers of the State of 
Texas, 260—The Present Texas Judicial System, 

264—Justices’ Courts, 265—Commissioners’ Court, 

267—County Court, 268—Probate Jurisdiction of 
the County Court, 269—Appellate Jurisdiction of 
the County Court, 270—Appeals from the County 
Court, 270. 

CHAPTER XXIII. 

Judicial Department, Continued. 273 

District Courts, 273—Appellate Jurisdiction of the 
District Courts, 274—Appeals, from the District 
Court, 274—Terms of the District Courts, 2 75-— 
Judicial Districts, 275—District Judges, 275— 
District Attorneys, 276—County Attorney, 2 76— 
District Clerk, 277—Sheriff, 277—Grand Juries, 

278—Petit Jury, 279. 


\ 




XIV 


CONTENTS. 


CHAPTER XXIV. 

Judicial Department, Concluded. 281 

Procedure in the District and County Courts, 281— 
Appeals, 287—Courts of Civil Appeal, 288—Su¬ 
preme Court, 289—Court of Criminal Appeals, 

291—Examining Magistrates and Trials by Them, 

291. 


CHAPTER XXV. 

Public Schools of Texas. 295 

Historical References, 295—Constitutional Provis¬ 
ions, 296—School Funds, 297—Perpetual Funds, 

29 7—Permanent School Fund, 300—Available 
Fund, 3 01—Investment of the Permanent School 
Fund, 304—Distribution of the Available Fund, 

305. 


CHAPTER XXVI. 

Public Schools of Texas, Continued. 308 

Local School Funds, 308—District Funds, 308— 

The Schools Constituting the Present Public School 
System, 309—The University of Texas, 310—The 
Agricultural and Mechanical College, 311—Normal 
Schools, 312—Prairie View State Normal and In¬ 
dustrial College, 312—Common Schools, 313— 

State Officers Connected with the Common Schools, 

313— State Superintendent of Public Instruction, 

314— County Superintendent, 314—Common School 
Districts, 315—Special Taxes in Common School 
Districts, 316—Independent School Districts, 316 
—Community System, 317—Teachers, 318—Scho¬ 
lastic Age, 318. 


CHAPTER XXVII. 

Restrictive Provisions of the Texas Con¬ 
stitution . 321 

Introduction, 321—Restrictive Provisions, 321— 
Religious Liberty, 322—Liberty of Speech, 323-— 
Guarantees of Personal Safety, 324—Seizures and 
Searches, 324—To Persons Accused of Crime, 

3 24—Bail, 324—Restrictions as to Second Prose- 






CONTENTS. 


XV 


cutions, 3 25—Due Course of Law, 326—Keeping 
Arms, 326—Trial by Jury, 326—Habeas Corpus, 

326. 

CHAPTER XXVIII. 

Miscellaneous Provisions of the Texas 

Constitution . 329 

Introduction, 329—The Texas Land System, 329— 

Land Certificates, 331—Location of Certificates, 

331—Pre-emption and Homestead, 3 34—School 
Lands, 334—Registration of Land Titles, 335— 

State Taxation, 335; State Revenues and Debts, 

338. 


CHAPTER XXIX. 

Miscellaneous Provisions of the Texas 

Constitution, Continued . 341 

Municipal Corporations, 341—Counties, 344—Cities 
and Towns, 346—City Governments, 346—Private 
Corporations, 349—How Private Corporations are 
Created, 358. 


CHAPTER XXX. 

Miscellaneous Provisions of the Texas 

Constitution, Concluded . 362 

Railroads and Railroad Companies, 362; State 
Railroad Commission, 3 65—Amendment to the 
Constitution, 367. 


































ELEMENTARY CIVICS 

PART ONE 


Principles of Government 


CHAPTER I. 

General Conceptions of Government. 

Introduction.—We are going to study about 
government in the United States and in Texas. 
First, we must understand what is meant by the 
word government, then we can apply this gen¬ 
eral idea to ourselves and our country. 

General Idea of Government.—To govern is 
to control. A mother governs her child when 
she controls it—when it obeys her will rather 
than its own. Thus we see that there are two 
factors in government—a governor, the one who 
controls, and the governed, the one who is con¬ 
trolled. The governor decides what the other is 
to do and then sees that In* does it. 

There are three steps that the governor must 
take in doing this. First, he must make rules 
for the other to obey. Making the rules includes 
making these rules known to the person who is 




2 


ELEMENTARY CIVICS. 


to obey them. It would not be fair to fail to 
do this. Thus, if a mother wishes to control her 
child, or a teacher, her pupil, she should make 
such rules as she thinks best for the child to 
obey, and then she must tell the child of them. 
It would not be fair to expect the child to obey 
a rule that he did not know. 

The second step in governing is to explain and 
apply these rules. It is clear, that in addition 
to knowing a rule the child must understand 
what is meant by it in order to obey it. This 
is of great importance. Suppose it is the rule 
of a school that every pupil must be in his place 
on time. It is very necessary for the pupil to 
understand what is meant by on time. He must 
go to the one whose business it is to explain this 
rule and find out just what is meant by it. If 
this one in authority says that on time means 
nine o’clock, all the children in the school must 
accept that meaning. This is called interpreting 
the rules. The second part included in this sec¬ 
ond step is applying the rule after its meaning 
has been decided upon. Thus to apply this 
rule, that every pupil must be in his place by 
nine o’clock, the time at which each pupil ar¬ 
rives must be found out and compared with the 
time stated in the rule. All who were in school 
by nine o’clock obeyed the rule, and all who 
were not there at nine disobeyed it. In this way 


GENERAL CONCEPTIONS. 


3 


the general rule is applied to each pupil in the 
school. 

The third step in governing is the enforce¬ 
ment of a rule after it has been made and ap¬ 
plied. Buies are not always obeyed willingly. 
In order to enforce a rule there must be some 
punishment provided for those who disobey it. 
This punishment should be in proportion to the 
nature of the disobedience. Punishment has 
two uses. It makes the one who lias disobeyed 
the rule suffer for his disobedience and also 
tends to keep him and others from like disobe¬ 
dience in the future. Thus those pupils who 
came in late and so disobeyed the rule of the 
school must be punished, and the rule thus en¬ 
forced, or all government in the school would 
come to an end. 

Thus we see that in general all government 
means some power making, applying and en¬ 
forcing rules-for those who are under its control. 
We must keep in mind the two main factors in 
government, and these three steps by which gov¬ 
ernment is carried on. 

The Necessity for Civil Government. —Civil 
government is very necessary. People must live 
together and have a great deal to do with one 
another. No person can live entirely by him¬ 
self. There are very few who would want to 
do so if they could. Most of us wish to come in 


4 


ELEMENTARY CIVICS. 


contact with others. In our social and business 
life we are forced to do this. We depend upon 
one another for our comfort and safety. We 
could be safe and happy without the aid of civil 
government if each person always did what was 
right of his own accord, but this is not always 
the case. Human nature is sometimes cruel, 
sometimes dishonest and very often selfish to 
the extent of injuring others. Thus we need 
some means of protection from one another. If, 
for instance, there were no government to say 
that a man should not steal, and to punish him 
for so doing, any man who was stronger than 
his neighbor could take all that his neighbor 
possessed if he so desired. 

If every person in a community were allowed 
to do as he pleased, the whole community would 
be in discord and confusion. Therefore there 
must be some sort of regulation or law by which 
all must live in order to have any degree of peace 
or prosperity. Only in this way can we carry 
on at all the life we are accustomed to live. 

For instance, a school cannot be kept without 
government. Without government see what 
would happen. How much school could you 
have if each pupil came when he pleased and 
did what he pleased after coming 1 ? There would 
be great confusion and little work. The stronger 
pupils could mistreat the weaker, and the com- 


GENERAL CONCEPTIONS. 


fort and property of all would be in danger. 
Some power must be at the head to make and 
enforce rules, and this power, whether given to 
a teacher or to a board, governs the school. 

Government is necessary not alone in the 
schools but in every department of life. In 
playing games certain rules must be observed 
or the play would soon be broken up with con¬ 
fusion or quarreling. In all our social life we 
must be governed by well known rules and cus¬ 
toms. These are known as social laws or con¬ 
ventions. The church and religion give us 
moral laws. 

Force Necessary to Government.—These so¬ 
cial and moral laws are not enough to insure us 
freedom and safety because they cannot always 
be enforced. We must have political power, 
with enough strength back of it to enforce its 
laws in older to protect the weak from the 
strong, and the good from the bad, and to enable 
us to work together for the greatest good of all. 
For instance, the man who steals from his neigh¬ 
bor breaks a social and a moral law, but he can¬ 
not be tried by these laws and punished by 
them for his crime. He is tried and punished 
because the law of our government says that one 
man cannot take what belongs to another, and 
because there is power enough behind our laws 


ELEMENTARY CIVICS. 


6 

to enforce them or at least to punish those who 
break them. 

This power to enforce laws is an essential 
part of government. If some person were 
to say that every one must live in a certain way 
this would not be government unless he had 
power enough to make those whom he sought 
to control obey him. His rules might be good, 
and it might be helpful for every one to live by 
them; but all the people would not do so unless 
there were enough power back of the rules to 
enforce them. So a real governor must not only 
make laws, but must have the power to compel 
obedience to them. Whenever such power ex¬ 
ists in a community and makes rules for the 
people of that community to live by, applies and 
enforces these rules, this power constitutes gov¬ 
ernment. Some such government must exist in 
every community or there can be no order or 
successful life among its people. 

Purpose of Government.—We have just seen 
the necessity of government. We can have no 
order, development or safety without it. The 
purpose of government naturally grows out of 
this necessity. Its purpose is to give order, op¬ 
portunity and safety to its people. It protects 
each person and the general public from harm 
by others. It protects citizens from one an¬ 
other and from outside nations. If another man 


GENERAL CONCEPTIONS. 


7 


steals from you he is punished bv the laws of 
our government. If another nation makes war 
upon us we are protected by the armies of our 
government. This then is the purpose of gov¬ 
ernment, to give a well ordered and peaceful 
community in which to live and develope unhin¬ 
dered by others so long as we ourselves abide 
by the laws. 

Three Kinds of Power in Government.—We 

have already mentioned the three steps that a 
government must take in order to govern suc¬ 
cessfully. To put it differently, there are three 
kinds of power in government, or three divisions 
of power. The first of these powers is the one 
under which the one who governs makes the 
laws. This is the law making power, usually 
called legislative power. The second of these 
powers is the one under which the one who gov¬ 
erns interprets the laws and finds out whether 
or not they have been obeyed. This is the law 
applying power, and is called judicial power. 
The third is the one under which the one who 
governs inflicts punishment. This is the law 
enforcing power, and is called executive power. 

Political Power.—Political power is a combi¬ 
nation of these three powers of government. 
Therefore we have worked out for ourselves the 
following definition. The power in any commu¬ 
nity which makes, applies and enforces the laws 


8 


ELEMENTARY CIVICS. 


by which that people is governed and which pro¬ 
tects that community from outside danger is 
called political power. Every person in the 
state is governed and protected by political 
power. Therefore we should try to understand 
it, for the safety of the individual and the great¬ 
ness of our country is largely due to the wise 
use of such power. 

The Extent of Political Power.—In a commu¬ 
nity such as that in which we live, this political 
power does not undertake to control men in 
every respect. It controls only in those mat¬ 
ters in which it is necessary to do so in order 
to protect each person in his just and equal 
rights, and to protect the whole community from 
disorder and violence. Political power does not 
try to control man’s thoughts or feelings, nor 
does it try to determine what men shall say or 
do except so far as is necessary in order to give 
the protection just stated. Such protection en¬ 
ables each person to carry out his own purposes 
and ways of living, to develop himself and to 
provide for himself and his family in any way 
that he chooses so long as he does not unjustly 
interfere with the equal opportunities and rights 
of others. 

For example, as a rule a man can do as he 
pleases with his own property. If he so desires 
he can own a gun and shoot with it where it will 


GENERAL CONCEPTIONS. 


[) 


not endanger the life or property of any one 
else; but he cannot use his gun to take another 
man’s life or to injure another man’s property. 
The law does not prevent a man from eating 
what he pleases, but it does prevent him from 
stealing another man’s food, or punishes him 
if he does so. So political power protects us 
from others, and only restricts our actions when 
they would interfere with the equal rights of 
others. 

Sovereignty.—The person or collection of per¬ 
sons having political power is called a sovereign. 
Unlimited Political Power is called Sovereignty. 
No one government or ruler has unlimited polit¬ 
ical power over all the world, so that in this 
sense we have no practical example of unlimited 
political power or sovereignty. However, if a 
ruler has absolute power within his kingdom, 
he is sovereign within the limits of that king¬ 
dom, and his sovereignty is only limited territo¬ 
rially, that is by the boundaries of his kingdom. 
All power is limited as to territory. If, on the 
other hand, a ruler has absolute power over cer¬ 
tain matters within his kingdom, and no power 
over others, he would be sovereign as to the mat¬ 
ters over which he has absolute control. His 
sovereignty would then be limited as to sub¬ 
ject matter as well as territorially. 

We have an illustration of this in our own gov- 


10 


ELEMENTARY CIVICS. 


eminent. The United States government, or the 
Federal Government, as it is railed, has absolute 
power over certain matters, while the separate 
state governments have absolute power over cer¬ 
tain other matters. Thus each is sovereign over 
the matters coming under its control, while 
neither has any power over the matters coming 
under the sovereignty of the other. For ex¬ 
ample, our postal system is entirely under the 
control of the United States government. Our 
state government can make no laws concerning 
it. As to the postal system, then, the Federal 
Government is sovereign, because its power is 
unlimited over that matter. The state govern¬ 
ments have entire control over questions of land 
titles in the respective states. If you bought 
land in Texas, your title to that land would be 
determined by the laws of Texas, not by those 
of the United States. Therefore the Texas state 
government would be sovereign over that mat¬ 
ter. This will be more fully explained later, and 
the division of power between the Federal and 
state governments given in greater detail. Hence 
it is important to remember that there is such a 
division of power and to understand that each 
government is sovereign over those matters 
over which it has absolute and unlimited control. 

Seat of Sovereignty.—When political power 
is given to any one person or to any number of 


GENERAL CONCEPTIONS. 


11 


persons acting together, it is said to be seated in 
that person or group of persons. Vested and 
lodged are other terms used to express this idea. 
Sovereignty over postal matters, then, we may 
say, is seated or vested in the Federal Govern¬ 
ment. Thus in a school controlled by one teacher, 
the power governing that school is seated in that 
teacher. If a school is controlled by a board, 
the power governing the school is seated in this 
board. In an absolute kingdom the king is sov¬ 
ereign, and all the political power governing 
that kingdom is seated or vested in him. In a 
representative democracy political power or sov¬ 
ereignty is seated in the people themselves. 

These differences in the location or in the seat 
of political power are the principal distinctions 
between the different forms of government. 
They lead to different organizations of govern¬ 
ment. In all government some organization is 
necessary. Let us see how such organization is 
affected by the location of the seat of sover¬ 
eignty. 

Organization Where All Political Power Is In 
One Person.—In a country where all the politi¬ 
cal power is vested in one person we have a very 
simple form of government, and but little or¬ 
ganization is necessary. The ruler himself 
makes, applies and enforces his laws. He does 
not need any extensive organization to help him. 


12 


ELEMENTARY CIVICS. 


He must, of course, have officers to carry out his 
will, but he can change these officers at any 
time, so that nothing is permanent or, as we say, 
organized. There is no use for a council, or for 
a body of men to organize to make laws—the 
ruler does all this himself. 

Organization Where Political Power Is Vested 
in a Few.—-Where sovereign power is vested in 
more than one person, even though the number 
is small, some arrangement must be made by 
which these may all work together. Otherwise 
each man governing might make different laws, 
and when these contradicted one another the 
people under them would not know which to 
obey. Those governing must get together and 
make some plan for ruling together. This plan 
would be the organization of their government. 

Organization Where Political Power Is Wide¬ 
ly Distributed.—In some countries sovereign 
power is vested in a large number of persons— 
thousands or even millions. Where this is the 
case it is, of course, impossible for all these peo¬ 
ple to get together to make their laws, apply 
or enforce them. They must select certain men 
out of their number to represent them in doing 
these and other things connected with their gov¬ 
ernment. Such a government is called a Rep¬ 
resentative Democracy, and calls for a more 


GENERAL CONCEPTIONS. 


13 


complex organization than the other forms of 
government we have considered. 

Officers.—These people selected to act for the 
whole community are really representatives or 
agents of the whole people, authorized by the 
people to do for them such acts in carrying on 
the government as the people see fit to employ 
them to do. Each of these agents is an officer. 
These officers are given different official names. 

All of them together make up a system of 
agents who act for the people in actually exer¬ 
cising their legislative, judicial and executive 
powers. All of these different agencies together 
form the government, organized and kept up by 
the people whose power they represent. 

Definition of a Government.—A government, 
then, is the system of agencies which the sover¬ 
eign power creates to enable it to control those 
under it. So, that, expressing the thought in 
another way, we may say that a government is 
the system of agencies established and kept up 
by a people for the purpose of exercising their 
political powers. 

QUESTIONS. 

1. What are we beginning to study in this book? 

2. What do we mean when we say a mother governs 
her child? 

3. Why must there always be at least two persons in 
governing? 


14 


ELEMENTARY CIVICS. 


4. What is the first step in governing? Why must this 
be done? Would it be fair to expect a person to obey a 
rule of which he had never heard? 

5. What is the second step? Why is this necessary? 
Could a person who did not know what a rule meant, or 
whether or not it had been disobeyed, justly punish any 
one for disobeying it? How could you find out whether 
or not a rule had been obeyed? 

6. What is the third step in governing? Why must 
disobedience of rule be punished? 

7. Why can not each person in a community make 
rules for every body in the community to be governed by? 
Could, your school be carried on successfully without any 
order or set times and ways for doing things? Could 
any order or peace be brought about by letting each pu¬ 
pil run the school at the same time? If rules and their 
enforcement are necessary in school, what do you think 
about them in the neighborhood or town in which you live? 

8. If rules are made, will every one obey them? If not, 
how can obedience be insured? Could obedience bv every 
one be secured without some kind of punishment for diso¬ 
bedience? Why is it necessary to have force back of the 
rule if you really want to govern people by it? 

9. What is the purpose of government? 

10. What three kinds of power must be exercised in 
order to make government effective? 

11. What is political power? 

12. As to what matters does political power attempt 
to control persons? 

18. Who is a sovereign? Is there any such thing as un¬ 
limited political power? Why? What is meant by limit¬ 
ing political power as to subject matter? 


FORMS OF GOVERNMENT. 


15 


14. Who has control over our postoffices ? Who has con¬ 
trol over land titles? Could the State make a law fixing 
the salaries of postmasters? Could the United States Con¬ 
gress make a law regulating th<? inheritance of lands? 

15. What is meant by political power being seated in a 
person or a number of persons? What other two words 
have the same meaning as “seated,” in this connection? 
In a Representative Democracy where is sovereignty seated? 

16. Why is very little organization required in a gov¬ 
ernment where the sovereign power is in one person? 

17. Why must there be greater organization where po¬ 
litical power is widely distributed? What is an officer? 

18. What is a government? Give the differences be¬ 
tween a sovereign and a government? 


CHAPTER II. 

Forms of Government. 

Introduction.—Before we begin a study of our 
own government in particular we should know 
something about the different forms of govern¬ 
ment in general. How many different forms of 
government do you already know, and in what 
way do they differ? 

First, governments may differ in the seat of 
sovereignty. That is, in the number of persons 
in whom political power is vested. Sometimes 
all this power is in one person. Sometimes it is 
iu a small number of persons, and sometimes it 


16 


ELEMENTARY CIVICS. 


is distributed among a great many of the people. 
Second, governments may differ in their organi¬ 
zation, that is, in the number and nature of their 
officers and agencies. These differences divide 
governments into three main classes: Mon¬ 
archies, Aristocracies and Democracies. 

Monarchies. —Governments in which sover¬ 
eignty is seated in one person are called mon¬ 
archies. Monarchies are of two kinds, absolute 
and limited. 

Absolute Monarchies.— In an absolute mon¬ 
archy there is one ruler at the head, who has all 
the power. Whatever he wills is law and must 
be obeyed by all his subjects. Such a ruler is 
called a monarch. In different countries the 
monarch is called king, emperor, sultan or czar. 
This monarch can make laws, apply them, and 
punish as he pleases those who refuse to obey 
them. There are no lasting agencies to help 
him or to protect the people. He can, if he 
chooses, select certain officers to' aid him, but he 
can discharge these officers at any time and se¬ 
lect new ones in their places. These officers and 
the people in general have no rights except those 
given them by the monarch. Such rights can 
be taken away by the ruler at his will. Fortu¬ 
nately there are very few absolute monarchies, 
and these are usually short lived. The ruler 
having the greatest power in any American or 


FORMS OF GOVERNMENT. 


17 


European country today is the Czar of Russia. 
As a rule these absolute monarchies gradually 
change into limited or constitutional monarchies. 

Limited or Constitutional Monarchies. —As 
the limited or constitutional monarchy usually 
grows out of the absolute monarchy these are 
much alike in many respects. There is still a 
monarch at the head, but his power is not abso¬ 
lute. The monarch cannot have everything his 
own way as in an absolute monarchy. Others 
share to some extent in the right to rule. In 
some monarchies the powers which are taken 
away from the ruler and given to others are of 
little importance; in others they are of great im¬ 
portance. In every case the use of such powers 
by others limits the power of the monarch, and 
from this we get the name limited monarchy. 

If the limitations on the power of the monarch 
are great and lasting, that is, if they are not 
changed with each new monarch, the govern¬ 
ment is called a constitutional monarchy. In 
a constitutional monarchy the chief ruler some¬ 
times has very little power. The more powers 
given to others the less he has. 

This is the case with the English government. 
England was at one time an absolute monarchy 
in which the king could do no wrong. Gradually 
it became a limited monarchy, and now has a 
strong constitutional government. Almost the 


18 


ELEMENTARY CIVICS. 


entire political power is now vested in the peo¬ 
ple, and the king is kept rather as a matter of 
national pride than as serving any useful gov¬ 
ernmental purpose. There is probably no gov¬ 
ernment in the world in which the people have 
such direct control over all practical political 
matters as they have in England. A constitm 
tional monarchy is much better for a nation than 
an absolute monarchy, for one person is not of¬ 
ten wise enough to make laws for a whole people. 

Aristocracies. —When political power is vest¬ 
ed not in one person but in a small number of 
persons the government is called an aristocracy. 
This was a fairly common form of government 
in ancient times, but there are few, if any, ex¬ 
amples of it today. We see this form of govern¬ 
ment oftenest after some revolution where a 
government is seized by a few strong men and 
held by them for a short time. Such a form of 
government seldom lasts longer than one gen¬ 
eration of rulers. 

Democracies or Republics. —Governments in 
which all political power is in the people are 
called Democracies or Republics. Democracies 
are of two kinds, Pure Democracies and Repre¬ 
sentative Democracies. 

Pure Democracies. —A Pure Democracy is a 
government in which every person has an equal 
right and a direct voice in political matters. 


FORMS OF GOVERNMENT. 


19 


Such a form of government is not practical in a 
community of any great number of people. No 
such government exists now, and it is doubtful 
if any such ever did exist, 

A slightly different form of the Pure Democ¬ 
racy is a government in which not all the people 
but a very large number of them exercise politi¬ 
cal power in a direct way, making their laws, ap¬ 
plying and enforcing them, not through repre¬ 
sentatives, but by direct action of their own. 
This form of government is also impracticable 
in large communities, and it is doubtful if any 
such government really exists. This form of po¬ 
litical action, however, may and does exist in 
small communities as to their local affairs. Prob¬ 
ably the best illustration of this is found in the 
New England townships in which the people, at 
least the adult male members of the commu¬ 
nity, control their local affairs in their town 
meetings. 

Representative Democracy. —A Representa¬ 
tive Democracy is the form of government in 
which political power is vested, not in all the 
people, but in such a large number of them who 
are so identified with every kind and class of 
people that their action may truly be regarded 
as the action of all. The name, Representative, 
is not based on this fact, but upon the condi¬ 
tions set out in the next paragraphs. 


20 


ELEMENTARY CIVICS. 


In these Representative Democracies so many 
people share in the exercise of political power 
that it is found impossible for them all to exer¬ 
cise this power directly. For instance, in the 
United States, which has this Representative 
form of government, it would be impossible for 
all the people in the nation to meet together in 
any one place at any one time either to make, 
apply or enforce their laws by direct vote of each 
individual. Hence they select from among their 
number a few agents, whom they call officers, 
who are to represent them in the exercise of 
their political powers. 

All the people possessing the proper qualifi¬ 
cations, that is, those who have the right to exer¬ 
cise political power, act directly in arranging for 
the form of government, in settling what offi¬ 
cers they shall have, how these shall be chosen, 
and what their powers and duties shall be. Such 
action is called the establishing or ordaining of 
a Constitution. By this constitution the people, 
by direct vote, make their plan of government 
and determine the powers that each and every 
officer provided for in the constitution shall 
have. These officers are truly called representa¬ 
tives of the people, and it is from this fact that 
the name Representative Democracy comes. 

Ln such a government the officers have only 
such powers as the people have given them, and 


FORMS OF GOVERNMENT. 


1 


it is their duty in all their official actions to rep¬ 
resent the people. 

This form of government is the one existing in 
the United States and in each state of the Union. 
For many years this plan seemed to work very 
well. In later years, however, dissatisfaction 
has arisen and very strong efforts are now being 
made to limit the powers of the representative 
officers, and to give the people as a whole a 
larger opportunity for exercising their political 
powers directly. These changes are known as 
the Initiative, Referendum and Recall of officers. 
The Initiative is a plan by which the people 
themselves may pass laws without the action of 
the state legislature. The Referendum is a plan 
by which laws which have been passed by the 
state legislature, may be referred to a vote of 
the people and accepted or rejected by them. If 
accepted by the people, they remain laws; if re¬ 
jected by the people they are no longer of any 
effect. The Recall of officers is a plan by which 
any representative of the people, whose conduct 
has been displeasing to the majority of those 
putting him in office, can be voted out of office 
before his term has expired without the formal¬ 
ities of a legal trial. 

The True Seat of Sovereignty in Democratic 
Governments. —Democracies are often spoken of 
as governments by the people, and many of the 


22 


ELEMENTARY CIVICS. 


constitutions of the different states declare 
“that all political power is inherent in the peo¬ 
ple.” It is important to know just what is 
meant by this. Does it mean that each individ¬ 
ual has in himself in his own right all political 
power? If so, how could any sort of government 
he possible It is impossible to think of a gov¬ 
ernment in which each person has the right to 
make laws for himself and for every other per¬ 
son, to apply these laws to the conduct of others 
and to enforce obedience to them. There would 
be as many sovereigns as there were people, as 
many laws as there were different wills, and the 
result would be political disorder amounting to 
anarchy. It is evident, therefore, that this ex¬ 
pression quoted from our constitution does not 
mean that each person separately has all po¬ 
litical rights and powers. Its true meaning is 
that all political power is inherent in the peo¬ 
ple collectively, and that the will of the greater 
number of the people, called the majority, when 
legally and properly expressed, is the rule by 
which all are to be governed. We see this quite 
clearly when we. think about the making of laws. 

The Right to Vote. —It is a little harder to see 
this same truth when it is applied to the right to 
vote. To vote is to express one’s choice con¬ 
cerning any political matter in the manner pro¬ 
vided by law. A good many persons seem to re- 


FORMS OF GOVERNMENT. 


23 


gard the right to vote as a primary right exist¬ 
ing in the individual himself and not as a privi¬ 
lege given him by the people collectively. If 
this were true the right to vote would fall under 
certain guarantees in the Constitution of the 
United States forbidding any state to take from 
a person his legal rights; and no one who had 
once had this right could be deprived of it. We 
dind, however, that it has been settled that the 
collective body of the voters in any state may 
confer the power to vote upon any person whom 
they see fit, and that they can also take away 
such power from any person having it for any 
reason except “on account of race, color or pre¬ 
vious condition of servitude. ’ ’ A voter cannot 
be disfranchised, that is his right to vote taken 
from him, for any of the three reasons just 
named, because such action is expressly forbid¬ 
den by the Fifteenth Amendment to the Consti¬ 
tution of the United States. 

The right to vote is regulated by the states 
and not by the Federal government. The voters 
of each state determine who shall vote in all 
elections held in that state whether for state or 
for federal offices. This explains the fact that 
we find such great differences as to the qualifi¬ 
cations for voting in the different states. For 
example, women vote in some states and not in 
others. There are property and educational 


24 


ELEMENTARY CIVIC£. 


qualifications in some states which are not in 
others. 

In every state there are legal rules governing 
the qualifications of voters. In all states a voter 
is required to be at least twenty-one years of 
age, and in many states there are a number of 
facts which disqualify. Therefore, when we 
speak of our government as one by the people 
we do not mean that it is one in which every 
person may take a part, but that those persons 
who do take part are so numerous and so iden¬ 
tified with those who are not permitted to do so, 
that every interest and class in the entire com¬ 
munity is fairly represented. 

Self Government. —It is sometimes contended 
that if a government is carried on for the bene¬ 
fit of a people that it is not necessary for it to be 
carried on by them. It is claimed that a few 
persons can be found in every community who 
are wiser than the average of the community, 
and that it is better to select those few to rule 
than it is to let the great mass of the people 
take part in their own government. This sounds 
plausible, but it is not correct. The first diffi¬ 
culty is to find persons who are wise and patri¬ 
otic enough to be trusted with the government 
of their fellows. Self interest is the most pow¬ 
erful motive in human conduct. If a govern¬ 
ment were under the control of a few persons it 


FORMS OF GOVERNMENT. 


25 

would not be long before these persons would 
see that their own interests were in conflict with 
the interests of the great mass of the people. 
Gradually they would seek their own advantage 
to the hurt of the people governed by them. We 
find even in Representative Democracies, where 
the real power is in the mass of the people, that 
most persons who remain long in the same office 
come to feel that they have a personal right in 
the office and lose sight of the fact that it be¬ 
longs to the people. 

Subdivisions of a State and Their Powers — 

No matter what form of government may exist, 
in any large number of people occupying a large 
territory there would be differences of interest 
among those living in different localities. For 
this and other reasons it is necessary to have po- 
litical subdivisions in each state. These subdi¬ 
visions are usually local. Some of them, such 
as counties in a state, are made to enable the 
government and the citizens to carry out their 
public duties more easily. Others, like cities 
and towns, are made largely for the benefit of 
the people living in the particular locality. It 
is not meant that the counties are of no advan¬ 
tage to the people living within them, or that 
all of the advantages from a city or town are 
purely local, but only that the general public 
good is the principal reason for making the 


26 


ELEMENTARY CIVICS. 


comity, and the local advantage is the principal 
reason for making the city or town. 

Besides counties and cities there are numer¬ 
ous other divisions, like representative districts, 
school districts, road districts, local option dis¬ 
tricts and others, which are created principally 
for the benefit of the persons living within them, 
though the public may also be benefited to some 
extent. Counties are the usual divisions of the 
states. These are subdivided into justice’s pre¬ 
cincts, voting precincts, some school districts 
and similar small districts. Counties are joined 
to make judicial, legislative and other districts. 

Different Kinds of States.—We were discuss¬ 
ing a short while ago the different kinds of gov¬ 
ernments, such as Monarchies, Aristocracies 
and Democracies. We now wish to consider 
states or governments from another point of 
view, that is, as to whether they are single states 
or combined states. From this point of view, 
we have three kinds of states: Unitary, Con¬ 
federated, Federal. 

Unitary States.—Unitary means consisting of 
only one unit, single, and when applied to a state 
means that it has not divided its political power 
with any other. Hence a Unitary State is one 
which possesses all kinds of political power 
limited only as to territory. Speaking techni- 



FORMS OF GOVERNMENT. 


27 


cally we would say a Unitary State is one which 
has complete sovereignty. 

Examples of Unitary States are at this time 
unknown on the North American Continent. 
Probably the best example of such a State that 
has ever existed in America, was the Republic 
of Texas, formed in 1836, by the people of Texas 
as the result of a successful revolution from 
Mexico. This Republic lasted until it was an¬ 
nexed to the United States in 1845, when Texas 
became a state of the Union. The Republic of 
Texas was an absolutely sovereign nation, hav¬ 
ing full authority and power in all political mat¬ 
ters of every kind. It made laws for the govern¬ 
ment of every one within its territory according 
to its own will and judgment. 11 alone protected 
its citizens and the people within its territory 
against all other nations. It maintained its own 
army and navy, established and kept up its own 
postoffices, and did everything that could right¬ 
fully be done in the exercise of political power. 

Confederations.—When a number of Unitary 
States enter into an agreement by which they 
are to act together in the exercise of certain po¬ 
litical powers they form a Confederacy. In en¬ 
tering into such an agreement no one of the Uni¬ 
tary States actually parts with any of its politi¬ 
cal powers. It only agrees that some of these 
powers may be exercised for it by the confed- 


28 


ELEMENTARY CIVICS, 


eration created by such agreement. Any 
member of a Confederacy, therefore, has the 
power to withdraw from the agreement when¬ 
ever it sees fit. It may be morally bound not to 
do so, so that withdrawing would be a breach 
of the spirit of the agreement, but there would 
be no power to prevent this breach if the state 
desired to make it. 

Federal Government.—When a number of 
Unitary States agree together to create a new 
government and to give over to that government 
certain political powers which are from that 
time to belong to the new government and not 
to the Unitary States creating it, such an agree¬ 
ment creates a Federal State. The political 
power thus parted with by the several Unitary 
States and given over to the Federal State is 
then vested in the Federal State and cannot be 
taken back by the separate states. The differ¬ 
ence between an agreement of this kind and the 
one creating a Confederation is very important. 
An agreement to confederate several states 
merely creates an agency to exercise for them 
the delegated powers while the several states 
themselves retain the right to these pow ers. The 
agreement forming a Federal State gives over 
the pow ers themselves to the Federal Govern¬ 
ment so created. 

This difference between a Confederation and 


FORMS OF GOVERNMENT. 


29 


a Federal State is so important that it had better 
be illustrated. You own a book which another 
pupil wants. If you lend this pupil the book 
you give him the right to use it, but the right 
of ownership in the book still belongs to you. 
You can demand back the book at any time. On 
the other hand, if you give away or sell the 
book, you give up all right in it, and the right of 
ownership belongs to the one to whom you gave 
or sold it. You cannot then demand back the 
book or any right concerning it. 

Thus in creating a Confederation the several 
Unitary States do not give away any of their 
sovereign powers, but simply lend the Confeder¬ 
ation the right to use some of them. In creating 
a Federal Government the several states give to 
it certain of their sovereign powers, parting with 
all right to them for all time. 

The principal matter over which the Civil War 
was fought was whether or not the Constitution 
of the United States created merely a Confeder¬ 
acy or a Federal Government. One of the re¬ 
sults of the Civil War was to declare the United 
States to be a Federal Government. 

QUESTIONS. 

1. Name the three most common forms of government. 

2. What is a government in which sovereign power is 
in one person called? What does absolute mean? What 



30 


ELEMENTARY CIVICS. 


kind'of monarchies are called absolute? Why can not indi¬ 
viduals have real, permanent legal rights unaer such a gov¬ 
ernment? Name the European country whose government 
is nearest an absolute monarchy. 

3. What is a limited monarchy? Show how England 
changed from an absolute to a limited monarchy? 

4. What is an aristocracy? 

5. What is a democracy? What other name is given to 
democracies? What is a pure democracy? Why is this 
an impracticable form of government in large bodies or 
people ? 

6. What is a representative democracy? Why are such 
governments so called? Through whom are political pow¬ 
ers exercised in such governments? Why are constitutions 
necessary in such governments? Give an example of such 
a government, 

7. What is the initiative? What is the referendum? 
What is meant by the recall of officers? 

8. Where is sovereignty really seated or lodged in a 
representative democracy? What is meant by the phrase 
in the Constitution of Texas “All political power is in¬ 
herent in the people?” 

9. What is voting? Is the right to vote a primary one, 
that is one possessed by the individual himself? How is 
such a right obtained? Can the right to vote be lawfully 
taken away from a person who has once possessed it ? What 
limitation on the powers of the people of the states to dis¬ 
franchise voters, is contained in the Fifteenth Amendment 
to the Constitution of the United States? Do the states or 
the Federal government determine who shall vote? Why is 
it that women can vote for members of Congress in some 
states but can not in others? 

10. What is a political subdivision of a state? Why cm 



DEVELOPMENT OF GOVERNMENT 


31 


we have counties? Why cities and towns? Why do we 
have school districts? Why, voting precincts? 

11. What does unitary mean? What sorts of states are 
called unitary? Show that the Republic of Texas was a 
unitary state. 

12. What is a Confederacy ? Do unitary states actually 
part with any of their sovereign powers in forming a con¬ 
federacy? Can the states forming a confederacy secede 
from it? 

13. What is a Federal state? Can the states forming 
a Federal state secede from it? Why? Is the United States 
a Confederacy or a Federal government ? 


CHAPTER III. 

Development of Constitutional Government. 

Earlier Forms of Government. —It seems 
probable that the first government was that of 
the family. The head of the family, usually the 
father, was the ruler. As families united gov¬ 
ernments became tribal, that is, some one mem¬ 
ber of a group of families would assume tin* 
right to govern all or have this right given him 
by the consent of the others, and in this way he 
would become ruler of the entire group or tribe. 
Gradually the larger tribes conquered or ab¬ 
sorbed the smaller ones. Different men by dif¬ 
ferent methods would acquire personal suprem¬ 
acy in the various groups and so become their 


32 


ELEMENTARY CIVICS. 


rulers. The governments thus formed were 
strongly centralized. That is, all political power 
was in one ruler and was exercised by him either 
in person or through officers selected by him for 
that purpose. This form of government lasted 
as long as war was the chief occupation of na¬ 
tions and military strength was the most desir¬ 
able thing in a government. 

Democratic Tendencies. —When nations be¬ 
came less warlike and gave more of their atten¬ 
tion to matters of peace, intelligence and fitness 
to take part in the government became more 
general. This steady increase in the number of 
capable men resulted in increasing the number 
of persons who actually shared in the exercise 
of political power, and governments became 
more democratic As this kept on a greater 
number of persons saw that political power 
really ought to belong to the majority of the peo¬ 
ple and be exercised by them. Thus democratic 
ideas gained more and more influence. 

England as an Example. —Centuries ago Eng¬ 
land was inhabited by a number of separate and 
contending tribes. These had more or less in 
common in tradition and experience, but there 
were no express political ties among them. Their 
country was invaded from time to time by hos¬ 
tile people from continental Europe. Each in¬ 
vasion left some impression upon the people who 


DEVELOPMENT OF GOVERNMENT 


33 


survived. Later England became a United 
Kingdom under the rule of one monarch. There 
was constant conflict between the king and the 
people as to the political powers each should 
have. Sometimes the advantage would be with 
ore and sometimes with the other. Gradually 
through the centuries the power of the people 
has prevailed, so that now, while the forms of 
monarchical government continue the power of 
the people is recognized as the great source of 
law and of government. The king, though he 
holds by inherited title and is not directly de¬ 
pendent upon the choice of the people for his of¬ 
fice, has practically no part in making, applying 
or executing their laws. 

During the struggle referred to above the peo¬ 
ple forced from different kings a number of writ¬ 
ten promises and concessions which, taken to¬ 
gether, constitute a set of very valuable state 
papers. These are too fragmentary to form a 
constitution, so that England today has no writ¬ 
ten Constitution. 

Constitutional Development in America.— 

Permanent settlement of that part of the At¬ 
lantic seaboard now within the territory of the 
United States and lying north of Florida was 
made by colonists coming from England. These 
different colonies were composed of men of dif¬ 
ferent characteristics and religious views, but 


34 


ELEMENTARY CIVICS. 


they were all English, and had the sturdy quali¬ 
ties of the Anglo Saxon. Each colony had some 
grant of power from the English king or Parlia¬ 
ment. These grants were called charters. They 
differed largely in detail, but all had this much 
in common that they were the basis of the politi¬ 
cal rights of the colonists in each settlement. 
These seem to have been the earliest form of 
written constitutional guarantees. As the colo¬ 
nies developed and the Revolutionary War came 
on and was waged most of these charters from 
England were changed into written constitu¬ 
tions adopted by the people in the respective 
colonies, or states as we now call them. Some 
of these changes preceded the Declaration of 
Independence. The most of them were made 
during the Revolutionary War. A few of the 
states did not adopt formal constitutions until 
many years later. 

Thus the idea of a written constitution as a 
basis of government became firmly fixed in the 
minds of the American people. Each state in 
the Union now has a written constitution, out¬ 
lining and establishing its plan of government. 

When the colonists found it necessary to 
make common cause against England they en¬ 
tered into a written agreement called “ Articles 
of Confederation,” which outlined the plan of 
co-operation that was to exist among them. La- 


DEVELOPMENT OF GOVERNMENT 


35 


ter on, when it became necessary to 4 ‘form a 
more perfect union,” the same idea was in the 
minds of the people, and the written constitu¬ 
tion of the United States was prepared and 
adopted, embodying the plan of government 
thereby created. We may, therefore, say that a 
written constitution as the basis of popular gov¬ 
ernment is'an American idea, gradually devel¬ 
oped by the American genius for government. 
It is now so firmly fixed that nothing short of 
revolution can change it. 

Matters Usually Contained in Written Consti¬ 
tutions.—Written Constitutions usually contain: 

First. A preamble, setting forth by whom and 
for what purpose the Constitution is ordained. 

Second. A bill of rights. This is a number of 
provisions declaring that certain rights and priv¬ 
ileges belong to the people and that they are not 
to be affected by the grants of authority to the 
several officers of the government except as is 
expressly provided in the Constitution itself. 

Third. Provisions creating the several depart¬ 
ments of government, enumerating many of the 
offices which constitute these departments and 
giving general directions regarding the exercise 
of their powers. 

Fourth. A number,of general provisions on 
miscellaneous subjects, such as the right of suf- 
ferage, taxation, public schools, etc 


36 


ELEMENTARY CIVICS. 


Fifth. Provisions as to the manner of amend¬ 
ing the constitution. 

Sixth. Provisions for voting upon the adop¬ 
tion of the constitution; a statement of the time 
it shall go into effect if adopted, and of its effect 
upon pre-existing laws and rights. 

A Second Classification of Constitutional Pro¬ 
visions.—As the people’s purpose in adopting a 
constitution is to form a perpetual government 
through which their powers may be exercised; 
and as such powers can really be exercised only 
through officers; and as the government ought 
to be effective in its operations; and as it is al¬ 
ways dangerous to entrust large pow r ers to a 
few T persons; and as there are always a number 
of matters of various kinds w ith w hich the gov¬ 
ernment must deal, every constitution should 
have in it provisions covering all of these points. 

We do not mean that a constitution is so writ¬ 
ten that one Article or Section of it necessarily 
covers any one of these points and another Ar¬ 
ticle or Section another of them. This some¬ 
times occurs. Most frequently, however, the 
several matters mentioned above are intermin¬ 
gled in all the parts of the instrument. Hence, 
ordinarily in searching for each of these points 
you must go through the entire constitution, 
study it carefully and put together the different 


DEVELOPMENT OF GOVERNMENT 


37 


ideas contained in it which relate to the partic¬ 
ular matter under investigation. 

Let us consider this a little more carefully for 
the idea is an important one. If you get it clearly 
in your mind and fix it there it will help you, 
not only in your study of the rest of this book, 
but whenever you deal with any constitutional 
question in after life, whether in or out of 
school. 

From the point of view which we are now tak¬ 
ing there are five different classes of provisions 
in every constitution. 

First. Those which create the government to 
be carried on under it and name the depart¬ 
ments into which this government is to be di¬ 
vided and the officers which are to be included 
in each. 

These provisions are properly called creative. 

Second. There must be provisions which 
show how the government created under the 
first is to be actually put into operation, and then 
how it is to be continued. These deal with the 
manner in which all the officers who are to fill 
the various offices established in the creative 
parts of the instrument are to be selected. This 
must cover not only the first or original officers, 
but their successors so long as the government 
is to last. 

These parts are properly called perpetuative. 


38 


ELEMENTARY CIVICS. 


Third. There are other provisions which set 
out the powers and duties of these several offi¬ 
cers, and how these are to be performed. It 
would not be worth while to create an office and 
select some one to till it unless he has some 
power which he may exercise, and duties which 
he must perform for the public good. 

The powers and duties which go with an office 
are called the functions of that office. So the 
provisions in a constitution which set out these 
powers and duties which go with the offices cre¬ 
ated by it are called functional. 

Fourth. To enable the officers to perform 
their duties the powers conferred upon them 
must be real and extensive. Sometimes a bad 
man might get into office or a good man might 
sometimes yield to great temptation and use Ins 
official power wrongfully. The people need to 
be guarded against both of these dangers. They, 
therefore, put limiting or restrictive provisions 
in the constitution which forbid the improper 
exercise of official power. 

These provisions are called restrictive. In 
many constitutions a large number of these pro¬ 
visions are grouped together in one Article 
called “A Bill of Rights.” In no constitution, 
whether state or Federal, are all of the restrict¬ 
ive provisions thus grouped. No matter how 
comprehensive the “Bill of Rights” may be, 


DEVELOPMENT OF GOVERNMENT 


39 


there are always other restrictions on official 
power and its improper exercise, in other Ar¬ 
ticles or Sections. 

Fifth. After you have pointed out and classi¬ 
fied all the provisions in a constitution which 
fall into each of the foregoing groups, you will 
find quite a number of provisions left which will 
not go into any one of these four groups. Many 
of these will be important. They relate to vari¬ 
ous matters so that it is difficult to find anything 
in common among them. 

We, therefore, treat these together, under the 
head, miscellaneous provisions. 

Reasons for Different Departments of Gov 
ernment.—We found in Chapter I that there are 
three kinds of power to be used in governing. 
The first is the power to make laws, called the 
Legislative Power. The second is the power to 
investigate the conduct of persons whose duty 
it was to obey the laws and to apply the laws to 
that conduct, called the Judicial Power. The 
third is the power to enforce the law and to in¬ 
flict punishment for its violation, called the Ex¬ 
ecutive Power. In order to govern successfully 
a ruler must possess all three of these powers. 

In a state where political power is vested in 
a large number and the people themselves are 
the rulers we have found that they must act 
through representatives or officers, and that all 


40 


ELEMENTARY CIVICS. 


these officers, taken together, form that people’s 
government. 

From these facts it follows that the people 
must have some representatives to exercise each 
one of the powers just discussed. Trusting po¬ 
litical power to representatives is always more 
or less dangerous to the welfare of the people. 
It is> therefore, very desirable that in giving 
power over to officers the people should be pro¬ 
tected against its abuse by these officers. In or¬ 
der to secure such protection the people of the 
United States and of each state of the Union, in 
preparing and adopting their written constitu¬ 
tions have provided for the separation of these 
three powers. They have authorized one set of 
officers to make their laws, another to apply 
them and still another to enforce them. 

Departments of Government.—This separa¬ 
tion of powers among the different officers gives 
us three departments of government: 

Legislative, 

Judicial, and 

Executive. 

In some constitutions all that is done in this 
matter is simply to declare that the legislative 
powers shall be exercised by one department of 
government, the judicial powers by another and 
the executive, by another. In some states, 
among them Texas, the people have gone fur- 


DEVELOPMENT OF GOVERNMENT 


41 


ther and have declared in their constitutions 
that no officer exercising any of the powers of 
one department of government shall have the 
right to exercise powers belonging to any other 
department, unless the constitution shall so de¬ 
clare in the particular ease. 

Legislative Department.—The Legislative De¬ 
partment is that branch of the government 
through which the people exercise their power 
to make laws. The constitutions of the several 
states and of the United States have quite a 
number of provisions regarding the Legislative, 
Department. These set out, among other things, 
how many bodies of law makers there shall be, 
what the qualifications for membership in these 
bodies shall be, how the members shall be 
elected and how they shall proceed in the pass¬ 
age of laws. All these questions we shall study 
later in connection with the Federal Govern¬ 
ment and with the government of the State of 
Texas. 

Judicial Department.—The Judicial Depart¬ 
ment is that branch of government through 
which the people exercise their power to inter¬ 
pret and apply the law. This department con¬ 
sists of a number of courts, each of which is au¬ 
thorized by law to try certain kinds of cases. 
These courts must themselves always act in obe- 


42 


ELEMENTARY CIVICS. 


dience to the law as made by the people in their 
constitution and by their legislature. 

Executive Department.—The Executive De¬ 
partment is that branch of government through 
which the people exercise their power to enforce 
the law. In the United States the chief execu¬ 
tive officer is known as the President. The chief 
subordinate executive officers in the Federal 
Government are the heads of the different de¬ 
partments at Washington. The executive head 
of the several states is called the Governor. The 
heads of the different executive departments in 
the several states are known by various names, 
though they have about the same powers and 
duties in each state. All of these matters will 
he considered in detail later. 

QUESTIONS. 

1. In what groups of people is it probable that the first 
governments existed? How did governments pass on to 
tribes ? 

2. Trace the growth of democratic ideas in England. 
Has England any written Constitution? What secures the 
permanency of English governmental institutions? 

3. By whom was the Atlantic coast within the United 
States settled ? Under the authority of what government 
were these settlements made? What is meant by the char¬ 
ter of a colony? Into what state papers were these char¬ 
ters changed about the time of the Revolutionary War? 
By whom was the charter of each colony changed ? What 


POWERS OF SOVEREIGNTY. 


PS 


were the “Articles of Confederation?” By what written 
instrument was the present government of the United States 
created ? 

4. Enumerate the matters usually contained in writ¬ 
ten constitutions. What is a preamble? What a Bill 01 
Rights? 

5. Pass to the second classification of the provisions of 
a constitution. What provisions are called creative? What 
perpetuative ? What functional ? What restrictive ? What 
miscellaneous ? 

6. What connection is there between the three phases of 
power necessarily involved in governing and the division of 
government into three departments? 

7. Name the three departments of government and 
describe each. What do you mean by making laws? What 
by interpreting laws? What by applying laws? What by 
enforcing laws? 


CHAPTER IY. 

Sovereignty—Some of Its Powers and Its Rela¬ 
tions to Individuals. 

Duty of Self Protection. —The first duty of 
any state or government is to protect itself and 
keep itself alive so that it can perform its other 
duties and exercise its other powers. This car¬ 
ries with it the duty to provide for the filling of 
offices, so that there will be some one always 
ready to discharge the duties of each office. This 


44 


ELEMENTARY CIVICS. 


duty of self-protection also includes the power 
to raise military forces to carry on war with 
other nations or to put down rebellion within its 
own territory. It also includes the power to 
raise money to pay all proper expense of carry¬ 
ing on the government both in times of peace or 
in war. It also includes the power to take and 
use property belonging to private persons. 

Power to Raise Money. —The government 
cannot be maintained without money, so that in 
organizing their government a people must 
make provision for getting money in some proper 
and just way. The usual method by which 
money is raised for public purposes is taxation. 
A tax is a sum of money which must be paid 
into the public treasury to be used by the gov¬ 
ernment in carrying out its different purposes. 

The power to collect money in this way is ab¬ 
solutely necessary in order to keep up a govern¬ 
ment. All people might not voluntarily pay 
money to support the government therefore they 
must be compelled to do so by the payment of 
taxes. Every one ought to pay his just share of 
all lawful taxes. 

Most of the state constitutions provide than 
taxation shall be equal and uniform. The dif¬ 
ferent governments try very hard to carry this 
out It is much more difficult to do this, how- 


POWERS OF SOVEREIGNTY. 


45 


over, than it would seem. No more serious ques¬ 
tions have arisen in our plan of government thar* 
some of those relating to the taxing power and 
its exercise. 

Taxes can only be collected for public pur¬ 
poses. To make one man pay money to the gov¬ 
ernment to be paid out by it for the benefit of 
an individual would be taking money away from 
one person to give it to another. This the gov¬ 
ernment has no power to do. The purpose for 
which the money is to be expended must be one 
for the public good or else no tax can be law¬ 
fully collected for it. 

Other Sources of Public Revenue. —In times 
of war or great public dahger the government 
can take the property of a private citizen to be 
used for the public good. This is called im¬ 
pressing the property. Whenever this is done, 
as soon as possible the government should pay 
to the owner of the property its full value and 
interest thereon up to the time of payment. This 
differs greatly from taxation. When property 
is impressed its entire value is taken away from 
the owner and all the burden falls on him, while 
in taxation the burden is distributed uniformly 
and justly among all the people. 

Some of the states have land from which they 
receive revenue, this is particularly true of 


46 


ELEMENTARY CIVICS. 


Texas. When Texas declared her independence 
of Mexico a large part of the land within her 
territory had never been granted and did not be¬ 
long to any private person. It belonged to the 
public and was known as public domain. From 
time to time different laws have been passed by 
which the state has given away or sold much of 
this land. Some of it has been set aside for edu¬ 
cational purposes and a very large part of our 
present school fund comes from this reserved 
territory or money received from the sale of por¬ 
tions of it. 

Power to Borrow Money. —A government can 
borrow money unless there is something in its 
constitution which forbids it from doing so. 
This is not really a means of procuring revenue. 
It is only a method by which a present lack of 
funds may be made up. This is usually done 
by the issuance of bonds extending over a num¬ 
ber of years. 

Power of Eminent Domain. —Another politi¬ 
cal power is the right to take property belonging 
to individuals and apply it to public use upon 
making just compensation for doing so. If a 
school house were needed in a community and no 
one was willing to give or sell the ground upon 
which to build it, under this power the proper 
officers could value a certain piece of ground, or 
have it valued by a jury, pay such valuation to 


POWERS OF SOVEREIGNTY. 


47 


the owner and take such ground for school pur¬ 
poses. This power of taking private property 
for public use is called the Power of Eminent 
Domain. 

Police Power. —In addition to the powers 
which we have been considering a government 
has the power to make laws for the protection 
of the health, safety and morals of the people. 
This is called the Police Power. A great deal 
of legislative action is taken in the exercise of 
this power. All the laws regarding the health 
of the people, all those regulating different kinds 
of business, those forbidding and punishing 
gambling and other evil practices, indeed all the 
laws which tend to protect the people in their 
just rights as to health, safety and morals come 
within this general head. 

Quarantine laws against persons having yel¬ 
low fever or other dangerous and communicable 
diseases, are examples of laws passed to protect 
the health of the people. 

Laws providing for building the sea-wall at 
Galveston and levying taxes to pay for it, are 
examples of laws passed for the public safety. 

Laws punishing gambling are examples of 
laws passed to protect the public morals. 

There are a great many other laws of each of 
these classes, but these instances are enough foi* 


48 


ELEMENTARY CIVICS. 


illustration of what we mean by laws of each 
class. 

Relation of the Individual to Sovereignty and 
Government. 

Generally. —It is clear from what has already 
been said that individuals have different rights 
and ow^e different duties under different forms 
of government. In a monarchy an individual 
would have rights and duties different from those 
of an individual living under a democratic form 
of government. It will therefore be necessary 
to treat these relations existing under different 
governments separately. 

Subjects. —An individual living under a mon¬ 
archical form of government is called a subject. 
The pow ers and duties of a subject vary accord¬ 
ing to the nature of the monarchy to which he 
owes allegiance. In an Absolute Monarchy 
the subject would have practically no political 
power and no legal rights. He would be abso¬ 
lutely under the control and subject to the will 
of the monarch. In a Constitutional Monarchy, 
such as England, the individual, while still call¬ 
ed a subject, has many of the rights and duties, 
and exercises many of the political pow ers that 
pertain to citizens in democratic forms of gov¬ 
ernment. 

Citizens. —In democratic forms of govern- 


SOVEREIGNTY AND INDIVIDUALS 


49 


ment the individual is called a citizen. He is 
entitled to the protection of the government 
both at home and abroad and has such other 
privileges and rights as the constitution and 
laws of his republic give him. 

Allegiance. —Both subjects and citizens owe 
duties to the government under which they live. 
The sum of the duties that a person owes to his 
government are called allegiance. 

Aliens. —An alien is one who is neither a citi¬ 
zen nor a subject of the government to which 
his relation is being considered. Every person 
is a citizen or a subject of some one government 
and an alien as to all other governments. For 
example, a citizen of the United States is an alien 
as to England, or France, or Germany, or 
any other government except the United States. 
An Englishman is a subject of England and an 
alien as to all other governments. 

Inhabitant. —An inhabitant is one who lives 
within the territory of a government whether 
he is a citizen or a subject or an alien. An Amer¬ 
ican citizen living in England is an inhabitant 
of England although he is an alien to the Eng- 
] ish government. 

Residence and Domicile. —Residence and dom¬ 
icile are nearly the same, but there are some 
legal differences between them that should not 
be overlooked. A man’s residence is where he 


50 


ELEMENTARY CIVICS. 


is actually living at the time, his domicile is 
where he has his permanent home. For exam¬ 
ple, most of the pupils in your school are living 
with their parents in their permanent homes so 
that their residences and domiciles are the same. 
If, however, there is any pupil whose home is 
in some other place and who is boarding here 
during the session, his residence is at his board¬ 
ing house while his domicile is still at the home 
of his parents. The same thing is true of a man 
who is elected to congress. His residence is in 
Washington, but his domicile is at his home in 
his own state. These illustrations will show you 
the difference in the meaning of the two terms. 

Duties of a Government to Its Citizens. —It 
is the duty of a government to protect all its 
subjects or citizens, as the case may be, in their 
just rights. This protection should be given 
both at home and abroad. The nature and ex¬ 
tent of the protection and the way in which it 
is secured differs under these two conditions. 
While a citizen is at home he enjoys the full 
protection of the laws of the government to 
which he belongs. It protects him in his per¬ 
son, in his property and in all his other legal 
rights. If another invades these legal rights 
in any way he can go into the courts of the 
land and get relief. When a citizen is abroad 
these conditions are changed. So long as he 


SOVEREIGNTY AND INDIVIDUALS 


51 


is in a foreign country he is, to a very great ex? 
tent, subject to the laws of that country and 
must obey them. While there his rights are 
to be governed largely by the laws of that coun¬ 
try instead of the laws of his own government. 
Notwithstanding this there are some funda¬ 
mental principles or rights that are recognized 
by all civilized nations in dealing with one an¬ 
other. These principles are known as rules of 
International Law. If any injury is done to 
an individual while in a foreign land which is 
contrary to any of these rules it is the duty 
of his home government to take the matter up 
with the government in which the wrong oc¬ 
curred and have it adjusted. If the government 
where the wrong has been done will not make 
this adjustment in cases of serious abuse, the 
government whose citizen or subject has been 
injured will be justified in declaring war against 
the offending government, and thus force proper 
redress for the injury. To this extent and in 
this way it is the duty of the government to 
which the individual belongs to protect him 
from serious wrong, even when abroad. 

Duties of the Citizen. —As just stated the gov¬ 
ernment owes to the citizen the duty of protecr 
tion. In turn the citizen owes to the govern¬ 
ment the duty of every patriotic service within 
his power. In time of war it is his duty, if he 


52 


ELEMENTARY CIVICS. 


be within the military age and capable of ren¬ 
dering military service, to fight the battles of 
his country. Whether he be able to render 
such service or not, it is his duty to cheerfully 
bear the additional expense and burden grow¬ 
ing out of the war. He should also do all in 
his power to advance his country’s interest and 
to bring about the success of his country’s 
cause. 

In time of peace the citizen’s duties are num¬ 
erous. He should at all times be mindful of 
the best interests of his community. He should 
not only refrain from doing those things which 
are hurtful to the general public, but should 
earnestly strive to bring about better condi¬ 
tions. He should keep himself posted on all 
public questions and exercise his best judgment 
with regard to them. He should do what he can 
toward correctly informing his fellow citizens 
concerning both men and measures in which 
the public is interested. 

He should vote on all public questions in ev¬ 
ery election and should take the trouble to in¬ 
form himself so as to vote intelligently and 
properly. He should render jury service when¬ 
ever called upon and should use his best efforts 
to do justice and enforce the law. He should 
give information as to all serious violations of 
the law coming within his knowledge and aid 


SOVEREIGNTY AND INDIVIDUALS 


53 

all legal officers to the extent of his ability in 
the enforcement of the law. He should render 
his property for taxation truthfully and pay 
his taxes cheerfully and without complaint. In 
short he should be intent upon the intelligent 
discharge of every public duty and should never 
shirk public responsibility or fail to avail him¬ 
self of an opportunity to promote the public 
good. 

These duties are due from all citizens. The}' 
are particularly due from those who receive 
their education from the state and are thus 
fitted at public expense for larger enjoyment 
and success in life. For such an one to fail 
to meet his obligations of citizenship would be 
to add ingratitude to selfish lack of patriotism. 

QUESTIONS. 

1. Why is it the duty of a government to protect itself ? 

2. Why must a government have money? What is the 
most usual way by which a government raises money? 
What do you mean by a tax? Why should taxation be 
equal and uniform? Why is it improper to tax one person 
for the benefit of another private person ? 

3. What is meant by impressing property? Under what 
conditions may this power be exercised? 

4. Is, or is not borrowing money a real way of raising 
revenue ? Why ? 

5. For what purpose is the power of eminent domain 


54 


ELEMENTARY CIVICS. 


used ? Why is it just for a government to pay for the prop¬ 
erty it takes under this power? 

6. What do you understand by the police power of a gov¬ 
ernment? Give an example of a law passed to protect the 
health of the people. One to protect their safety. One to 
protect their morals. 

7. Who is a subject? Who is a citizen? What is alle¬ 
giance? Who is an alien? Who is an inhabitant? Give 
an illustration of the difference between residence and domi¬ 
cile. 

8. What is meant by the statement that it is the duty of 
a government to protect its citizens? How is such pro¬ 
tection given while the citizen is within the territory of his 
own government? How when he is abroad? 

9. State generally the duties a citizen owes to his gov¬ 
ernment. Why should one educated at the public expense 
be particularly patriotic? 


CHAPTER V. 

Political Parties. 

Parties Necessary in a Republic.—A politi¬ 
cal party is a number of persons holding the 
same political beliefs, acting together to for¬ 
ward such beliefs and have the government con¬ 
ducted in accordance with them. 

In a Republican or Democratic government 
political parties are essential. In such govern¬ 
ments public opinion is the real power that 
forms the laws. It is the opinion of the ma- 


POLITICAL PARTIES. 


o5 

jority of the voters that makes law, but before 
this opinion can become law it must be devel¬ 
oped and put into legal form. 

One of the principal reasons for having writ¬ 
ten constitutions is to protect the people against 
the evils of sudden and impulsive public opin¬ 
ion. This protection is usually spoken of as 
given to the minority of the people. This view 
is too narrow. While it is true that the minor¬ 
ity needs such protection more than the major¬ 
ity does, it is also true that the majority, if un¬ 
restrained, might take rash and impulsive ac¬ 
tion that would be very harmful to it as well 
as to the minority. In other words the chief 
purpose of a written constitution in a republi¬ 
can government is to make the government one 
based not upon impulse, but upon the sober 
second thought of the people. 

Origin of Political Parties.—In a republic no 
one man’s opinion is law or can be made such 
unless it be accepted and adopted by the ma¬ 
jority. Few men are qualified for leadership. 
Those who are thus qualified present their ideas 
and announce their political doctrines and strive 
to have these accepted by the majority of the 
people. In this way such ideas, after a while, 
become laws. In order to have ideas accepted 
and made into laws it is necessary for the peo¬ 
ple who agree in such political belief and doc- 


56 


ELEMENTARY CIVICS. 


trine to act together. When great questions 
are before the people some of the leaders are 
on one side and some on the other. The people 
will differ as to these questions. Each person 
will come out on the side whose views are most 
like his. All of those on each side of a ques¬ 
tion will act together in trying to make their 
views prevail. In order to do this they will 
try to elect officers who agree with them and 
who will help them in carrying out their ideas. 

This taking of sides by the people on differ¬ 
ent question is the beginning of political par¬ 
ties. Many political questions cannot be set¬ 
tled by one submission of them to the people. 
For this reason the difference growing out of 
the questions continue for a long number of 
years. The people continue to divide' on the 
same questions during all this time and this 
brings about the continuance of the political 
parties formed when the questions were first 
considered. This gives some idea of the man¬ 
ner in which political parties are developed. 

Organization of Political Parties.—Political 
parties are very earnest in advocating their 
views and in having them adopted in making 
laws and electing officers. In order to do this 
it is necessary for each party to organize, that 
is, to form some plan for acting together, in 
urging the adoption of its views. To be really 


POLITICAL PARTIES. 


57 


worth anything, such plan must take in the 
whole country. So we find that in the United 
States party organizations begin with the smal¬ 
lest political subdivisions known as voting pre¬ 
cincts and go to the boundaries of the nation. 
They embrace precinct chairman and commit¬ 
tees, county chairman and committees, district 
chairman and committees, state chairman and 
committees and national chairman and commit¬ 
tees. Such organizations are extremely power¬ 
ful and have very great influence in determin¬ 
ing the result of elections and the policies of 
the government. 

How Such Organization is Effected.—As just 
stated, these organizations begin with the voting 
precinct. All the voters belonging to a certain 
political party who live in the same neighbor¬ 
hood, called a precinct, and vote at the same 
place, meet at a time and place fixed by the 
party to which they belong, and elect a chair¬ 
man to act for them for the next two years. 
These different precinct chairmen make up the 
county executive committee, the head of which 
is a county chairman, who is either elected by 
the voters themselves or by the different pre¬ 
cinct chairmen of the county. In a district 
composed of several counties, the county chair¬ 
men of all these counties constitute the execu- 


58 


ELEMENTARY CIVICS. 


tive committee of such district and they select 
one of their number to act as chairman. 

The State Executive Committee is formed in 
this way. Every election year on the same day 
that people of each precinct meet to elect their 
precinct chairman, they also elect a number of 
voters to represent them in a county conven¬ 
tion. All these representatives from the pre¬ 
cincts meet in a county convention and select 
representatives to attend a general state con¬ 
vention of the party. At the time and place 
of meeting of the state convention all the dele¬ 
gates from each senatorial district meet to¬ 
gether and elect some man from that district 
as a member of the state executive committee. 
This selection is subject to the approval of the 
state convention. If the convention chooses it can 
displace these senatorial committeemen and elect 
others in their stead. The state convention 
itself elects the chairman of the state executive 
committee, and he and those men chosen as the 
representatives from the senatorial districts 
constitute the state executive committee. 

Party Platforms.—Each party convention has 
the right to adopt a platform, that is, to pre¬ 
pare and publish a short statement of the po^ 
litical doctrines which the party believes in and 
stands for. Platforms adopted by precinct, 
county or district conventions are formed by 


POLITICAL PARTIES. 


59 


so few people that they are of but little conse¬ 
quence. The platforms announced by state or 
national conventions are public documents of 
great importance as showing the opinion of the 
members of the parties on political questions. 
Each convention is supposed to put in the plat¬ 
form of the party the real beliefs of the party 
on all important political questions. Sometimes, 
however, the platforms are written more 
with the view of pleasing a large number o\: 
voters than of expressing the real convictions 
of the party. 

Nomination of Candidates.—A candidate is a 
person who is seeking an office. It is clear that 
if any political party wishes to carry out its 
political beliefs and have them made into law 
and enforced as such, that it must elect officers 
who favor its views. In almost every commun¬ 
ity there is more than one political party. Fre¬ 
quently more than one member of the same 
party wishes to run for the same office at the 
same election. This would divide the vote of 
that party. If the other party put forth only 
one candidate for this office he would receive 
the entire vote of his party. This would prob¬ 
ably elect him, although his were the weaker 
party. There must, therefore, be some way 
found to choose between the numerous candi¬ 
dates offering to run for the same office in the 


60 


ELEMENTARY CIVICS. 


same party, and to name one of them as the 
representative of the party. Such selection is 
called nominating, and the person selected a 
nominee. 

There are'fwo ways used by political parties 
to do this. That is, two ways by which po¬ 
litical parties nominate candidates to represent 
them in races before the people for election to 
the various offices. One method is known as 
the convention plan, the other as the primary 
election plan. 

Convention Plan.—Party Conventions are 
bodies composed of representatives of the same 
party who meet together for the purpose either 
of preparing party platforms or for nominating 
party candidates or both. Such conventions are 
formed in this way. All the voters belonging 
to a party who live in each voting precinct are 
notified to be at a given place at a named time 
to select delegates to a county convention. Later 
the delegates selected from all these voting pre¬ 
cincts meet together and constitute the county 
convention. 

In almost every such convention some pre¬ 
cincts send more delegates than others. It 
would not be just to permit the precinct send¬ 
ing this larger number of men to have, for that 
reason, more than its just share of votes in tin* 
convention. To avoid this each precinct is given 


POLITICAL PARTIES. 


61 


a certain number of votes in proportion to the 
number of voters in the particular party liv¬ 
ing in that precinct. By this means each vot¬ 
ing precinct is given its proper strength in the 
county convention without reference to the num¬ 
ber of delegates that may attend. This county 
convention votes for and nominates candidates 
for county offices who will represent the part) 
to which they belong in the next election. This 
convention also selects delegates from it to ev¬ 
ery district convention to be held by that party 
in any district which includes that county, and 
also to the state convention. 

District conventions are held in each elec¬ 
toral district, that is, in each district from which 
any district officer is to be elected. These are 
composed of the delegates from the various 
county conventions constituting the district. 
Each county has a vote in proportion to the 
strength of the party in it. Such conventions 
nominate the party candidates for each of the 
offices to be filled in the district represented bv 
the convention. 

State conventions are held for the purpose of 
nominating state officers, adopting state plat¬ 
forms and electing a chairman of the State Ex¬ 
ecutive Committee. Such conventions are com¬ 
posed of delegates sent from each county in 
the state, selected by the county conventions in 


62 


ELEMENTARY CIVICS. 


each county. In these conventions the delegates 
from each county have votes proportioned to 
the strength of the particular party in the coun¬ 
ty voting. 

Primary Elections.—The convention system, 
that has just been described, is objected to be¬ 
cause it gives too great opportunity to political 
Avire workers and bosses to adopt platforms and 
nominate candidates Avhich do not represent the 
real choice of the members of the party. To 
prevent this the people of some of the states 
have passed laws doing away Avith party con¬ 
ventions for the purpose of nominating officers 
and requiring all candidates of organized par¬ 
ties to be nominated by primary election. 

Under this method of selecting candidates the 
persons desiring to be nominated bv any party 
announce this fact to the voters in such party. 
On a day fixed by laAv the voters in each voting 
precinct in the state Avho belong to the party 
making the nomination, meet in their voting 
precinct and vote by ballot for candidates for 
the respective offices. These elections are held 
I>v regularly sworn officers and in the same way 
as regular elections. A record is kept of the 
votes cast and the officers holding the election 
in each precinct make a Avritten report to the 
chairman of the county executive committee 


POLITICAL PARTIES. 


6T 


of their county. In this they state how many 
votes each candidate received. 

At some time fixed by law, not long after the 
primary election, the county executive commit¬ 
tees in each county meet at the county seat of 
their respective counties and count the votes 
cast for the different candidates, as sent into 
them by the several precinct election officers. 
The candidate who receives the highest vote in 
the primary election for each county or pre¬ 
cinct office is declared the nominee of his party 
for that office. 

Where a district candidate is to be nominated 
the different county executive committees in the 
district count the votes cast in their respective 
counties for the different candidates for that 
office. Each of such committees then makes out 
a certificate stating the number of votes re¬ 
ceived by each such candidate for each district 
office and sends this certificate to the chairman 
of the district executive committee of the party 
in that district. This chairman keeps all these 
certificates until the district convention of the 
party is held. He brings these certificates or 
returns before the district executive committee. 
This committee from these returns counts the 
votes for all the candidates and reports the re¬ 
sult to the district convention. This conven¬ 
tion then declares the candidate for each office 


64 


ELEMENTARY CIVICS. 


having the highest number of votes to be the 
nominee of the party for that office. 

The same process is gone through in connec¬ 
tion with making nominations for state officers, 
except that the county executive committees 
certify the returns in the state races to the 
state executive committee and the count is 
made by that committee and the result reported 
to the state convention and the nominations 
are declared by it. 

While the primary election is an improve¬ 
ment, perhaps, over the convention plan of 
nominating, it is by no means perfect. Under 
it there are many opportunities for trickery 
and fraud by the different party committees 
and election officers, for which neither the party 
nor the candidates have any remedy. 


QUESTIONS. 

1. What do you mean by public opinion? What rela¬ 
tion does public opinion have to law in a democratic gov¬ 
ernment? How do written constitutions curb the rash 
exercise of public opinion? Who is protected by this.? 

2. What is a political party? Why must there be polit¬ 
ical parties in democratic governments? 

3. What is meant by organizing? Name the officers who 
make up the organization of a political party in the United 
States. How and by whom is each of these chosen ? 

4. What is a political platform? Why is a national 
platform of more importance than a county platform? 


EARLY GOVERNMENTS. 


65 


5. What is a candidate? Why is it necessary for each 
political party to name one man to represent it in the race 
for each office? What is this selection called? Name the 
two ways in which this is done. 

6. Describe very briefly the convention plan, beginning 
with the precinct convention and going up to the state 
convention. 

7. Describe the primary election plan. 

8. Which do you think the better plan? Why? 


PART TWO 


Early Government in America 


CHAPTER VI. 

Government in the Colonies and Under the 
Confederation. 

Early Settlements.—Each of the thirteen 
original states which first formed the Confed¬ 
eration and later the present United States, 
had its origin in a colony; that is, in a number 
of people coming out together from England 
for the purpose of making a settlement in that: 
portion of the United States known as the At¬ 
lantic seaboard. These people were to a large 
extent of the same blood and the same religion, 
and had the same traditions and ideas of gov¬ 
ernment. When we speak of these settlers as 




66 


ELEMENTARY CIVICS. 


being the same in the respects just mentioned, 
we are speaking very generally for they differ¬ 
ed in many important ways in each of these 
particulars. To illustrate: While both the Pil¬ 
grim Fathers of New England and the Cava¬ 
liers of Virginia believed in the Christian relig¬ 
ion, the one was a Puritan of the strictest type, 
while the other was a High Churchman. They 
worshipped the same God, but had materially 
different notions as to His character and the 
kind of service which was pleasing to Him. The 
Puritan punished a man for kissing his wife on 
Sunday, while the Cavalier said it is lawful to 
do good on the Sabbath Day. Still they had 
many things in common. 

These settlements were far apart, and the 
means of communication were difficult, slow, 
and dangerous. The Colonists met many ob¬ 
stacles and encountered many hardships, but in 
the end each of the thirteen settlements proved 
a success. The Colonists were necessarily 
sturdy and vigorous. Life in the New World 
was not attractive to weaklings or cowards and 
those who came as colonists and their descend¬ 
ants were men of power, capable of self-protec- 
tion and full of resources. 

Charters.—The Charters under which these 
several Colonies were settled were of three gen¬ 
eral types, known as the Colonial, the Propri- 


EARLY GOVERNMENTS. 


67 


etary and the Provincial. In the Colonial Char¬ 
ters considerable political power was given to 
the colonists. In the Proprietary the power 
was more concentrated in one man or in a few 
leaders who were put in charge of the colony. 
In the Provincial, but little power was con¬ 
ferred upon the colonists or any one accompany¬ 
ing them; the principal authority being retain¬ 
ed in the king of England and in the Parliament. 
These differences in the charters made consid¬ 
erable difference in the colonies at the begin¬ 
ning of their life, but the sturdy character of 
the people and the life they lived in the New 
World had a strong tendency to remove these 
differences as time went on. When the Kevo- 
lutionary War came the same spirit of inde¬ 
pendence and earnest purpose to have and to 
exercise political power was shown by the in¬ 
habitants of all the settlements. While the de¬ 
tails of their experiences varied, the general 
results were the same and each of the colonies 
by virtue of the War of Independence became 
a separate and independent state. 

Convention of 1765.—No one of these states 
or colonies, for they were called by either name, 
was sufficiently strong unaided to resist the 
English government _or even the attacks made 
upon them by the Indians. Under the pressure 
of this common danger the political authorities 


68 


ELEMENTARY CIVICS. 


in the several colonies began to discuss among 
themselves and with the people of their own • 
colonies and the representatives of other col¬ 
onies, the need of acting together in resisting 
the tyranny of England and the ravages of the 
Indians. In 1765 “a convention of the English 
Colonies” was held in New York. Representa¬ 
tives from nine colonies were present. At this 
convention on the 19th of October a resolution 
known as “The First Declaration of Rights” 
was adopted. This paper does not show any 
intention or even desire on the part of the col¬ 
onists to separate from Great Britain. 

Continental Congresses.—Early in 1774 the 
British Parliament passed the Boston Port Bill. 
This induced the authorities of Massachusetts 
to take up with the other colonies the question 
of suspending trade relations with Great 
Britain. They also suggested co-operation 
among the colonies in resisting the English 
power if this should become necessary. 

A short time after the passage of the “Port 
Bill” British soldiers took possession of the 
city of Boston. The Legislature of the Colony 
of Virginia was then in session. This Legisla¬ 
ture was known as the House of Burgesses. On 
the 24th of May this Assembly set aside June 
1st as a day of “fasting, humiliation and pray¬ 
er,” on account of the conditions then existing 


EARL Y GOVERNMENTS. 


69 


in the Colony of Massachusetts. The Governor 
of Virginia was a loyal follower of the King 
of England. He became offended at the House 
of Burgesses on account of their sympathy with 
the people of Massachusetts, and on the 26th 
of May dissolved the House and forbade their 
acting any longer in a legislative or public ca¬ 
pacity. Under the laws of Virginia, as they 
then were, the burgesses were compelled to sub¬ 
mit to the power of the governor in dissolving 
them as a legislative body. On the 27th of May, 
however, the members of the House acting, not 
as officers, but as private citizens, met in a 
tavern and recommended to all the colonies that 
they should create a Congress to meet annu¬ 
ally “to deliberate on those measures which the 
mutual interests of America may from time to 
time require.” The annual assemblies thus sug¬ 
gested became the famous Continental Con¬ 
gresses. These so-called congresses were not such 
in fact. A congress is a body of representatives of 
the people in different sections of the same gov¬ 
ernment come together for the purpose of pass¬ 
ing laws, binding on all the people in the govern¬ 
ment. This was not the nature of these bodies, 
on the contrary they were assemblages of am¬ 
bassadors from separate and independent states, 
meeting together for the purpose of counsel and 
common assistance. They could do nothing but 


70 


ELEMENTARY CIVICS. 


discuss measures and give advice concerning 
them. 

The First Continental Congress. —The first of 
these congresses met in Philadelphia on Septem¬ 
ber 5th, 1774. Its most important acts were: 

First. To vote down, on September 28th, 1774, 
a suggested “plan for a proposed union between 
Great Britain and the Colonies.” 

Second. The passage of a “Declaration of 
Rights and Union.” 

Third. The passing of a measure providing for 
an association among the colonies for the pur¬ 
pose of suspending trade with Great Britain. 

This proposed association was in a short 
while approved by the legislatures of eleven of 
the colonies. 

Second Continental Congress. —The Second 
Continental Congress met in Philadelphia on 
May 10th, 1775. It had no greater authority 
than the first had, but the conditions of the colo¬ 
nies had changed greatly since the meeting of 
the First Congress in 1774. War with Great 
Britain was being carried on in a desultory way. 
Under the pressure of these circumstances the 
Second Continental Congress passed the follow¬ 
ing important acts: 

First. On June 14th, 1775, it voted to raise an 
army and on the next day selected General 
George Washington of Virginia as commander- 


EARLY GOVERNMENTS. 


71 


in-chief. This action was in effect a recognition 
by the American Colonies that war was being 
waged between them and Great Britain and that 
all the Colonies must co-operate in their com¬ 
mon defense. 

Second. It drafted and adopted the “ Declara¬ 
tion of Independence” and drew up a plan for 
the organization of the Confederation. The com¬ 
mittees to draft these two instruments were ap¬ 
pointed on the same day. 

Condition of the Colonies When Independ¬ 
ence Was Declared. —In May, 1776, while the 
Revolutionary War was in progress certain of 
the colonies changed their colonial charters to 
state constitutions. The Second Continental Con¬ 
gress advised the assemblies of all the colonies, 
which had not previously done so, to make such 
changes in their charters and forms of govern¬ 
ment as they thought would lead “to the happi¬ 
ness and safety of their constituents in partic¬ 
ular and of America in general.” This was a 
clear recognition on the part of the colonies and 
of Congress that the several Colonies were in¬ 
dependent of each other and that there then ex¬ 
isted no agreement among them that in any way 
interfered with their separate and independent 
political action. This advice on the part of Con¬ 
gress preceded the “Declaration of Independ¬ 
ence” by nearly two months. Before July 4th, 


72 


ELEMENTARY CIVICS. 


1776, all but three of the Colonies had acted 
upon this suggestion and had made such changes 
as they thought necessary in their forms of gov¬ 
ernment. 

Declaration of Independence.—While the po¬ 
litical status of the several colonies was such as 
has just been described their representatives in 
the Continental Congress on July 4th, 1776, 
adopted the great state paper known as the 
“Declaration of Independence.” In this in¬ 
strument the political organizations taking part 
therein were spoken of sometimes as states and 
sometimes as colonies. The most important 
declaration contained in this most important 
document are in these words: 

“We, therefore, the representatives, of the 
United States of America, in General Congress 
assembled, appealing to the Supreme Judge of 
the World for the rectitude of our intentions do, 
in the name and by the authority of the good 
people of the colonies solemnly publish and 
declare that the United Colonies are and 
of Right ought to be Free and Independent 
States; that they are absolved from all allegi¬ 
ance to the British Crown and that all political 
connections between them and the state of Great 
Britain is and ought to be dissolved; and that 
as free and independent states they have full 
power to levy War, conclude Peace, contract 


EARLY GOVERNMENTS. 


73 


Alliances, establish Commerce, and do all other 
Acts and Things which Independent states may 
of right do.” 

This concluding clause asserts absolutely and 
without room for misunderstanding that these 
colonies as free and independent states had all 
the powers and rights of sovereignty. 

The Confederation.— The committee appoint¬ 
ed to draft the Articles of Confederation did not 
act so promtly as the one which drafted the Dec¬ 
laration of independence, but made its report 
somewhat later. This report was not adopted 
by Congress until November 15tli, 1776. Be¬ 
fore the plan provided for in it should go into 
effect these Articles of Confederation had to be 
adopted by all of the states. The last state did 
not make this adoption until 1781, nearly five 
years after the suggestion of the instrument by 
the Continental Congress. The Confederation 
thus created was called “The United States of 
America. 7 7 

The second and third paragraphs of the Ar¬ 
ticles of Confederation are: 

“Each State retains its sovereignty, freedom 
and independence, and every power, jurisdiction 
and right which is not in this Confederation ex¬ 
pressly delegated to the United States, in Con¬ 
gress assembled. 77 

“The said States hereby severally enter into 


74 


ELEMENTARY CIVICS. 


a firm league of friendship with each other for 
their common defense, the security of their lib¬ 
erties, and their mutual and general welfare, 
binding themselves to assist each other against 
all force offered to or attacks made upon them, 
or any of them, on account of religion, sover¬ 
eignty, trade, or any other pretence whatever.” 

These two paragraphs give a good idea as to 
the nature of the Confederation. It was a 
friendly league between independent states; 
these states intrusted to a Congress in which 
each had an equal voice, such powers as seemed 
to them necessary to secure to them defense 
against common enemies. A careful study of 
the whole instrument confirms this impression 
drawn from the sections quoted. 

Nature of the Confederation.—In this Con¬ 
federation there was no executive department 
and no regular judiciary. The Legislative De¬ 
partment was very limited. Congress was to 
settle disputes between states by a method set 
forth in the Articles, but there was no way to 
enforce the decisions rendered. It could also 
create courts with some admiralty jurisdiction. 
The only private rights that could be dealt with 
at all were disputes over land claimed under 
grants from the different states, and these were 
not to be submitted to regular courts, but to a 


EARLY GOVERNMENTS. 


75 


special tribunal organized by Congress in a man¬ 
ner prescribed. 

It was a confederation pure and simple as we 
have defined that term, formed by a covenant 
between the independent colonies obligating 
them to aid and assist each other in maintaining 
their independence and in protecting one an¬ 
other from their common foes. In order to carry 
out this agreement they organized a legislative 
body known as Congress. Its powers were very 
limited, so limited that it was not sufficient to 
enable the Confederacy to maintain itself as a 
government. 

So long as the Revolutionary War continued 
this common peril held the states together in this 
weak form of confederacy. But the war was 
scarcely over when the different states began to 
disregard the acts of Congress and to look after 
their own special interests at the expense of the 
welfare of the Confederation as a whole. The 
so-called government was too weak to prevent 
this and it seemed for a time that these conflict¬ 
ing interests would be strong enough to destroy 
the Confederacy. It was under these conditions 
that the plan of creating a stronger government, 
with larger powers and greater efficiency came 
to be considered. It was clear that the several 
states must either become more closely united 
or all attempt at general co-operation among 


76 


ELEMENTARY CIVICS. 


them would cease. Seeing this Congress recom¬ 
mended the calling of a convention to which all 
the states were requested to send delegates to 
meet in Philadelphia on May 14th, 1787, for the 
purpose of revising the Articles of Confedera¬ 
tion. The amendments to these Articles were to 
become effective when agreed to by Congress and 
by the Legislatures of the several states. 

Convention Forming the Present Constitu¬ 
tion.—This convention met in Philadelphia. It 
did not organize until May 25th, 1787. Every 
state was represented except Rhode Island. The 
convention sat behind closed doors and its dis¬ 
cussions were not given to the public for years 
afterwards. It completed its work and ad¬ 
journed September 17th, 1787. 

The Convention departed from the congres¬ 
sional plan in two most important respects. 
First, it formed an entirely new constitution. 
Second, it submitted this constitution directly 
to the different states without requiring any 
concurrence by Congress before it should be¬ 
come operative. The Constitution itself declares 
“the ratification of the Conventions of nine 
states shall be sufficient for the establishment of 
this Constitution between the states so ratify¬ 
ing the same.” 

The question naturally arises what would have 
been the result if only nine of the states had 


EARLY GOVERNMENTS. 


77 


ratified the Constitution. Such action by them 
would clearly have destroyed the old Confedera¬ 
tion. The same states could not at the same 
time be members of the Confederation and of 
the government formed under the new Consti¬ 
tution. The nine states would have been bound 
together in the new government. The four 
states not ratifying could not have held one an¬ 
other to the original Articles of Confederation 
for nine of its members having already with¬ 
drawn from it the four remaining states would 
have been unable to carry on the purposes for 
which the old Confederation was formed. 

Organization of Government Under the Con¬ 
stitution. —Nine of the states ratified the Consti¬ 
tution during the years 1787 and 1788. and on 
the 13th day of September. 1788, Congress passed 
an Act providing for the organization of the new 
government. The first Wednesday in March, 1789, 
was set as the time “for commencing the pro¬ 
ceedings under the Constitution.” This first 
Wednesday in March, 1789, was the fourth day 
of that month and the Constitution went into 
effect on that day. The President, however, 
was not inaugurated until the 30th of the next 
April. 

QUESTIONS. 

1. What is a colony? In what part of the United States 
did the thirteen colonies settle? What did the people in 


78 


ELEMENTARY CIVICS. 


these various settlements have in common ? Why were the 
colonists and their immediate descendants sturdy and self- 
reliant ? 

2. Name the three kinds of charters under which these 
colonies were governed? Give briefly the nature of each 
kind. What was the effect on each of the colonies of the 
result of the Revolutionary War? 

3. Why were these colonies compelled to act together? 
What was the purpose of the convention of 1765? Did the 
colonies then desire separation from England? 

4. When was the Boston Port Bill passed? What action 
did Massachusetts Colony take with reference to this bill? 
What action was taken by the Virginia legislature regard¬ 
ing the matter and how did the governor of Virginia act? 
Who called on the different colonies to create the first ‘ ‘ Con¬ 
tinental Congress?” 

5. What was the real nature of these so-called con¬ 
gresses? How did they differ from real congresses? 

6. When and where did the First Continental Congress 
meet? Name the three most important things done by this 
congress. 

7. When and where did the Second Continental Con¬ 
gress meet ? Did it in fact have any greater authority than 
the First? What facts induced it* to exercise greater au¬ 
thority? 

8. What did this congress do regarding an army to resist 
Great Britain? What as to the assertion of American Inde¬ 
pendence ? and what as to bringing about a closer co-opera¬ 
tion among the colonies? 

9. When did the colonies begin to change their charters 
into state constitutions ? What advise did the Second Con¬ 
tinental Congress give the colonies on the subject? Why 
did not this congress make these changes itself? Was this 
advice by congress given before or after the Declaration of 


EARLY GOVERNMENTS. 


79 


Independence? At this time were the colonies separate or 
were they parts of one common government? 

10. When was the Declaration of Independence made? 
What does it declare concerning the colonies? 

11. At what time did the committee appointed to draft 
Articles of Confederation between the colonies report to 
congress? How long was this after the Declaration of In¬ 
dependence ? What number of the states were to adopt the 
Articles of Confederation before they should go into effect ? 
When were the Articles of Confederation adopted by the 
last state? What name was given the Confederation? 

12. Giv« the substance of the second and third para¬ 
graphs of the Articles of Confederation. Was this United 
States created by these articles, a unitary state, a confeder¬ 
acy or a Federal state ? Why do you say this ? 

13. What causes led up to the abandonment of this con¬ 
federation and the creation of a new government among the 
states ? By whom was the convention called which prepared 
the present Constitution of the United States? What was 
the purpose of this convention as expressed in the call? 
What was contemplated as being necessary to the accept¬ 
ance of the work of the convention? 

14. When and where did it meet? Which states were 
represented in it? When did the convention adjourn? 

15. In what two important respects did the convention 
depart from the plan set out in the call from Congress 
under which it came together? 

16. When was the Constitution prepared by this con¬ 
vention to go into effect, and upon whom was it to be bind¬ 
ing? 

IT. How many states ratified the Constitulion during 
the years 1787 and 1788? On what date was the government 
of the United States organized under the present Constitu¬ 
tion ? 


80 


ELEMENTARY CIVICS. 


PART THREE 


The United States of America 


General Nature of the United States Govern¬ 
ment and Its Relation to the States Compos¬ 
ing it. 

Introduction.—We have traced very briefly 
the causes leading up to and resulting in the 
formation of the government of the United 
States and the manner in which that government 
was created. We have seen that it was pre¬ 
ceded by the thirteen original states, existing 
first as colonies of Great Britain and later as 
independent states and that these independent 
states by a compact among themselves entered 
into a Confederation for their mutual protection 
and advantage. Through this Confederation 
they successfully waged the War of the Revolu¬ 
tion and compelled England and the world to 
acknowledge their independence. We have fur¬ 
ther seen that this Confederation was too weak 
to hold together after the pressure of war was 
withdrawn and that the several states either had 
to form a stronger union or to lose all advan- 




THE UNITED STATES. 


81 


tages of co-operation. They chose the former 
and the present United States of America was 
the result. 

The United States and Its Constitution. —The 

United States government was created by the 
states by means of a written constitution in 
which its plan and purposes are set forth and 
which all were expected to understand and ac¬ 
cept with a common meaning. Notwithstand¬ 
ing this there has never been a time since the 
Constitution was written when people have not 
honestly disagreed as to its meaning. Those 
who believe in a strong centralized government 
can find arguments for their views in some por¬ 
tions of the instrument. While others equally 
honest and patriotic who believe in the sover¬ 
eignty of the states and in strict limitation of 
the powers of the general government can also 
find argument in support of their views in the 
same document. The principal question con¬ 
cerning the Constitution on which men differed, 
may be briefly stated thus: Is the United 
States a confederation from which any of the 
states can withdraw for just cause, or is it a 
federal state from which no state can secede for 
any cause whatever. This question was not set¬ 
tled until the close of the Civil War. 

Result of the War on Construction of the Con¬ 
stitution. —In 1861 differences arose between 


82 


ELEMENTARY CIVICS. 


the Northern and Southern states of the Union 
concerning the rights of the states in the Union. 
These differences were so difficult to settle that 
the Southern states attempted to. withdraw from 
the Union and establish a government of their 
own. The Southern states held that the United 
States formed a confederation from which they 
had the right to withdraw. The Northern states 
held that the United States was a Federal state 
and that the Southern states did not have the 
right to withdraw. These differences were so 
great that the Southern states attempted to se¬ 
cede from it. The Civil War was the 
result. The North was successful,, thus 
settling by war the much disputed question. All 
alike agree that since the surrender of General 
Lee and the Southern army no state has the right 
to secede from the Union. So whatever may 
have been the nature of the government at its 
beginning it is now Federal and no state can 
take back from it any portion of the sovereignty 
once given over to it. 

Sovereignty Divided Between the People of 
the States and of the United States. —This does 
not mean that in creating the Federal govern¬ 
ment the states gave up all their sovereignty. 
It is only an example of the division of subject 
matter and powers between two sovereigns. Be¬ 
fore the adoption of the Constitution each of the 


THE UNITED STATES. 


83 


separate thirteen states was a Unitary state and 
had jurisdiction over all political matters. Some 
of these powers had by agreement been dele¬ 
gated to the Confederation to be exercised by it 
as the common agent of all the colonies, but the 
powers still belonged to the colonies. The po¬ 
litical power thus delegated by each state was 
subject to be recalled at any time. By the Con¬ 
stitution of the United States as it has finally 
been construed, this right to recall this dele¬ 
gated power is denied. It is now held that 
in creating the United States of America under 
this Constitution the several states and their 
people did not simply give over temporarily, the 
powers delegated to that government, but actu¬ 
ally separated these powers from those kept by 
the state and gave them over to Federal govern¬ 
ment in such a manner that they passed forever 
from the states to that government. Each state 
reserved to itself all powers not given over by 
it to the United States in the Federal Constitu¬ 
tion. This is a division of sovereign power. As 
to those matters given to the Federal govern¬ 
ment the people of the whole Union became sov¬ 
ereign. As to the matters not so given over the 
people of each of the several states remained 
sovereign. 

The Constitution the Basis of Separation.—. 

The line of separation between the powers of 


84 


ELEMENTARY CIVICS. 


these two sovereigns is found in the Constitution 
of the United States. In the main it is not dif¬ 
ficult to trace, so that as to most of the matters 
within the jurisdiction of each government there 
is no controversy. In some instances, however, 
it is difficult to determine which government has 
control over a given matter. For example, 
these difficulties come up as to some matters 
connected with commerce. It is often difficult 
to distinguish between the domestic and inter¬ 
state commerce and so to decide which govern¬ 
ment has the right of control. 

Constitution Construed by the Supreme Court. 
—The meaning of the Constitution is settled by 
the Supreme Court of the United States. When 
that court has passed upon the meaning of any 
part of the Constitution all officers of the United 
States and of the several states and the people 
of each are bound to obey its decision. If there 
is to be a Constitutional Union at all some offi¬ 
cer or officers must have the final right to con¬ 
strue and apply the Constitution. Unless this 
power be given to one tribunal there could be 
no uniformity of construction and therefore no 
uniformity of rule under the Constitution. The 
only tribunal to which such power could be in¬ 
trusted is the Supreme Court of the United 
States, whose decisions are binding throughout 
the whole Union. 


THE UNITED STATES. 


85 


Relations Between the State and Federal 
Government. —We may summarize the relations 
between the two governments thus: The thir¬ 
teen original states preceded the creation of the 
United States. At that time they had ceased to 
be colonies dependent upon England and were 
complete Unitary states. The United States 
was formed by the ratification of the Constitu¬ 
tion by each of these several states. What part 
of the sovereignty of the states is surrendered 
and what part is retained can only be deter¬ 
mined by construing the Constitution of the 
United States. The Supreme Court of the 
United States has the authority to construe that 
instrument and to bind all persons by such de¬ 
cisions. These general doctrines must be kept 
in mind in our study of our American institu¬ 
tions or we cannot properly understand them. 

Amendments to the Constitution. —Written 
constitutions are intended to be lasting or, as 
we say, permanent. Therefore the framers of 
the Constitution had either to provide by peace¬ 
ful methods for changes in the Constitution to 
meet the changes in political conditions which 
time and development necessarily make or else 
invite revolution. 

On this account Article V was put in our Con¬ 
stitution. This article provides two methods of 
amendment, one in which Congress takes the 


86 


ELEMENTARY CIVICS. 


first action and one in which the first action is 
taken by the states. 

Congress upon a vote of two-thirds of both 
Houses can propose to the states such amend¬ 
ments as it thinks best. Or if the Legislatures 
of two-tliirds of the states shall join in a call for 
a convention to propose amendments, it is the 
duty of Congress to make the call. Amend¬ 
ments proposed in either of these ways must be 
ratified by three-fourths of the states. This 
ratification by any state can be either by the 
State Legislature or by a convention called for 
that purpose. 

Since the organization of the government, fif¬ 
teen amendments, proposed by Congress, have 
been ratified, and have thus become parts of the 
Constitution. Ten of these were made almost 
immediately after the adoption of the original 
Constitution, and two others within a short 
while. The remaining three came as recon¬ 
struction measures after the Civil War, and re¬ 
flect a different public sentiment from that 
which prevailed when the Constitution was 
adopted. 

QUESTIONS. 


1. State briefly the political growth in America which 
led up to the formation of the present “United States of 
America. ’ ’ 


THE UNITED STATES. 


87 


2. How was the United States created? What was the 
contention of the South as to the nature of this government ? 
What did the North contend? To what did this controversy 
lead ? What was the effect of the war on this controversy ? 
Can the states of the Union secede from it? 

3. What is sovereignty? What do we mean by each of 
the original states being a Unitary State before it went into 
the Union? When each of these Unitary States went into 
the Union, what effect did such action have on the sover¬ 
eign powers theretofore held by it which were conferred 
upon the United States. What effect did such action have 
on the sovereign powers of the states not given over to the 
United States ? 

4. What instrument draws the line between the powers 
given over to the United States and those reserved by the 
states? What tribunal construes the Constitution of the 
United States and determines the respective powers of the 
states and Federal Government? 

5. Give a brief summary of the relations between the 
United States and the several states composing it. 

6. What is an amendment to a Constitution? In what 
ways may the Constitution of the United States be 
amended ? How many amendments have been made to the 
Constitution of the United States? 


88 


ELEMENTARY CIVICS. 


CHAPTER VIII. 

Territorial Possessions and New States, 

Territorial Possessions.—Article IV, Section 
III, Clause 2, of the Federal Constitution pro¬ 
vides: “The Congress shall have power to dis¬ 
pose of and make all needful rules and regula¬ 
tions respecting the territory or other property 
belonging to the United States.’* 

A number of colonies had received grants 
from the English government of vast areas of 
land which stretched far inland from the Atlan¬ 
tic coast. No state had strength within itself to 
maintain its title to these grants against the 
hostility of the Indians or the claims of Euro¬ 
pean nations. The result was that after a time, 
by mutual agreement between the United States 
and the different states interested in these lands, 
this vast area came into the possession of the 
United States. In addition to the lands thus 
gotten, in course of time the United States 
gained larger territory from France, Spain and 
Mexico. Thus this government came into pos¬ 
session of a vast amount of public land which 
was not divided into states. This territory rap¬ 
idly filled with settlers from the older states. 
The general policy adopted by the general gov- 


TERRITORIAL GOVERNMENTS. 


89 


eminent toward all such territory and its in¬ 
habitants is substantially the same. 

Territorial Governments.—The general policy 
with regard to these public lands and the people 
living on them is to organize temporary gov¬ 
ernments within certain boundaries or territo ¬ 
ries. This is done in the following way: Con¬ 
gress by statute lixes the boundaries of the pro¬ 
posed territory, gives it a name and provides 
for the people within it to organize a govern¬ 
ment in accordance with the Act of Congress. 
This Act 'is called an Organic Act and the gov¬ 
ernment created under it has only such powers 
as this Act confers. The usual plan is to pro¬ 
vide for the three departments of government, 
consisting of a Legislature chosen by the people 
of the Territory ; of a Governor and other ex¬ 
ecutive officers, the higher of whom are appoint¬ 
ed by the President of the United States or by 
the Governor, and the lower selected by the peo¬ 
ple; and of Judicial Department, the higher 
judges being appointed by the President and the 
lower being elected by the people; 

Territorial Organic Acts and State Constitu¬ 
tions.—In general it may be said that an Or¬ 
ganic Act of Congress providing for a Territory 
is a substitute for a Territorial Constitution. It 
is the basis on which the Territorial govern- 


90 


ELEMENTARY CIVICS. 


ments are founded and the source of and lim¬ 
itation upon all official authority within them. 
In other respects these enabling or organic acts 
differ widely from state Constitutions. They 
are not permanent and are not adopted by the 
people, but come from Congress. 

A Territory lias no Senators in the United 
States Congress. It has one Representative 
elected by the people of the Territory, who is en¬ 
titled to sit in the House of Representatives at 
Washington and to take part in the discussion 
of matters affecting the Territory, but who has 
no vote. 

Territorial governments established in this 
way exist until Congress sees fit to withdraw 
such authority from them of until State gov¬ 
ernments are formed within their boundaries. 

New States. —Article IV, Section III, para¬ 
graph 1, Constitution of the United States pro¬ 
vides: “New States may be admitted by the 
Congress into this Union; but no new state shall 
be formed or erected within the jurisdiction of 
any other state; nor shall any state be formed 
by the junction of two or more states or parts 
of states without the consent of the legislatures 
of the states concerned as well as of the Con¬ 
gress.” 

All of the territory which came into the pos¬ 
session of the United States was settled mainly 


NEW STATES. 


91 


by people from the older states who were citi¬ 
zens of the United States and who wanted to 
have the full measure of political power that 
they had enjoyed in the several states from 
which they had come. Therefore the question 
of the organization of new states in this terri¬ 
tory soon arose. The demand for state govern¬ 
ment was a demand for the same political pow¬ 
ers, rights and duties which were enjoyed by the 
older states. It was to this that the Southern 
and Western pioneers had been accustomed and 
they would be content with nothing less. 

Creation of New States.—The American idea 
of state government carries with it a written 
Constitution formed and adopted by the people 
to be governed under it. No territory could be 
changed into a state without such a Constitution. 
This fact has been acted upon in every early 
change of this kind. A closely connected ques¬ 
tion, however, arose. Could the people pf a 
Territory form and adopt a Constitution before 
Congress had passed an Act authorizing them 
to do so? It was determined that such action 
may be taken, though ‘it is not customary. 

Usually Congress expresses its willingness for 
the Territory to be changed into a state before 
the change is made. The Constitution is pre¬ 
pared and voted on and adopted by the people 
of the Territory. This constitution must then 


92 


ELEMENTARY CIVICS. 


be submitted to the proper Federal officers for 
approval before the state is created and admit¬ 
ted into the Union. The Constitution adopted 
by the people must provide for a republican 
form of government and agree in all other mat¬ 
ters with the Constitution of the United States. 

When the state constitution has been formed 
without Congressional authority it must be ap¬ 
proved by Congress and also by the President 
before the new state can come into the Union. 
When Congress has given its consent to the for¬ 
mation of the state before a constitution has 
been adopted it still rests with the President to 
approve or reject the particular constitution 
which may be proposed by the people of the Ter¬ 
ritory. 

Either the method of forming the constitu¬ 
tion and then getting Congressional approval or 
that of getting Congressional approval and then 
adopting a constitution is legal. Still all states 
which have been organized within recent years 
have first obtained Congressional consent. It 
may be doubted whether Congress and the Pres¬ 
ident would now concur in the other method. 

Annexation of Texas. —Texas came into the 
Union by an entirely different method. It had 
never been within the territory or jurisdiction 
of the United States. It had originally belonged 
to Spain and after the Mexican Revolution be- 


NEW STATES. 


93 


came a part of the Republic of Mexico. It re¬ 
mained a part of that government until March 
2nd, 1836, when it became a separate nation, 
adopting the name “ Republic of Texas. ” It 
remained an independent nation until by a treaty 
between it and the United States it was annexed 
and became a part of that government. As a 
part of this plan of annexation the people of 
Texas in 1845 adopted a Constitution suited to 
its changed condition as a state and in the 
spring of 1846 its first state government was or¬ 
ganized and Texas took its place as one of the 
states in the Republic of the United States of 
America. The Supreme Court of the United 
States has decided that the jurisdiction of the 
Federal government over the people of Texas 
for revenue purposes began in December, 1845, 
but the state government was not organized un¬ 
til 1846. 

Status of New States. —When a new state is 
received into the Union whether by the organ¬ 
ization of a state within territory already sub¬ 
ject to the jurisdiction of the United States or 
by treaty of annexation, as in the case of Texas, 
the new state takes the same position in the 
United States as that of the original states. It 
has the same rights and powers and is subject 
to the same duties and limitations as every other 
state in the Union. 


94 


ELEMENTARY CIVICS. 


United States Dependencies. —In addition to 
the extension of its territory in North America 
the United States has within recent years ac¬ 
quired large Insular possessions. The condi¬ 
tions in most, if not in all, of these are very dif¬ 
ferent from conditions in the United States 
proper. The people inhabiting these island pos¬ 
sessions are of a different race with little po¬ 
litical development, different traditions, and in¬ 
stitutions almost the opposite of ours. Many 
of them are said to be incapable of helpful self- 
government. 

There are numerous theories as to the proper 
policy to be followed in dealing with these peo¬ 
ple. The theory adopted by Congress and the 
President may be summed up in the expression 
that it is better for the inhabitants of these 
islands to have a good government for the peo¬ 
ple than a bad government by the people. These 
people are subjected therefor to a strong cen¬ 
tralized government which receives its powers 
from the United States, instead of being allowed 
the privilege of establishing their oavii institu¬ 
tions and of taking political charge of them¬ 
selves, and are being governed and educated in 
politics by methods which are acceptable to the 
Federal government and which the Islanders 
are powerless to resist. 


NEW STATES. 


95 


QUESTIONS. 

1. Give the substance of the provision in the Federal 
Constitution regarding the territory of the United States. 
State very briefly the ways in which the United States be¬ 
came possessed of the territory now within her borders 
in which no state governments then existed. 

2. What is a Territorial Government? By whom are 
they organized? Give a brief outline of the process. Give 
the points of correspondence and the points of difference 
between a State Constitution and a Territorial Organic 
Act. What representation does a territory have in Con¬ 
gress ? 

3. Give the provisions in the Federal Constitution as 
to admitting new states. May new states be formed under 
the authority of this provision? Is it necessary for a new 
stale to have a written constitution? Why? By whom 
must such a constitution be adopted? Is it essential that 
Congress should first have given its consent to the forma¬ 
tion of the state ? Is it customary for it to do so ? Can 
the territory become a state without the approval of its Con¬ 
stitution by the proper Federal officers? What Federal 
officers exercise this power of approval? 

4. Describe briefly the annexation of Texas to the 
United States. 

5. When a new state is admitted into the Union how 
do its powers and its relations to the Union and to the 
other states compare with those of each of the original 
states? Why is this? 


96 


ELEMENTARY CIVICS. 


CHAPTER IX. 

Legislative Department of the United States 
Government. 

Introduction.—We have found early in our 
study of civil government that political power 
is of three kinds. Legislative, Judicial and Ex¬ 
ecutive, and that no government can be success¬ 
ful without all three. Hence in the organiza¬ 
tion of the Federal Government three depart¬ 
ments corresponding to these powers were pro¬ 
vided in the Constitution. Neither the Judicial 
nor the Executive departments could exercise 
their powers unless the Legislative department 
made laws for them to apply and enforce. Hence 
the Legislative department naturally comes 
first in our treatment. 

Law Making.—Law making is one of the 
highest powers and most important duties of 
sovereignty. As we have seen in the first chap¬ 
ter of this study, it is the first step in all control. 
Unless the will of the sovereign is formed into 
a rule and made known it is impossible for oth¬ 
ers to obey it. 

The rules made by sovereignty for the control 
of those subject to it are laws. The Latin word 


LEGISLATIVE DEPARTMENT 


97 


for law is lex. The plural is leges. From this 
word the making of laws is called legislation, 
the men who make laws, legislators, and the col¬ 
lective body of these men, a legislature. The leg¬ 
islature of the United States is called Congress. 

In this chapter we will take up the formation 
of Congress, its division into two Houses, and 
the organization of each. 

Formation of Congress. —The Constitution of 
the United States declares “all legislative power 
herein granted shall be vested in a Congress of 
the United States, which shall consist of a Sen¬ 
ate and House of Representatives. ” The mean¬ 
ing of the first clause of this sentence will be ex¬ 
plained under the powers of Congress. The sec¬ 
ond provides for the division of Congress into 
two Houses, the Senate and House of Repre¬ 
sentatives. This division does not give us two 
separate law making bodies, as neither can 
make a law by itself. Every law of the United 
States must be passed by both the Senate and 
House of Representatives. Thus each acts as a 
check upon the other. This was the purpose of 
dividing Congress into two bodies. 

Senate. —The Senate is the smaller of these 
two Houses. It is made up of two members from 
each state called Senators. Each Senator has 
one vote on all matters coming before the Sen¬ 
ate. This gives each State, whether large or 


98 


ELEMENTARY CIVICS. 


small, po6r or wealthy, an equal voice with every 
other state. 

Election of Senators.—Senators are elected 
for terms of six years, not by the vote of the peo¬ 
ple, but by the vote of the State Legislature. Af¬ 
ter the first election of Senators they were di¬ 
vided by lot into three classes, one of whom was 
to hold office for two years, one for four and one 
for six; but after this all new Senators were to 
serve for the regular term of six years. This 
was to prevent a complete change in the mem¬ 
bership of the Senate at every election, and so 
make sure that at all times two-thirds of the 
members would be experienced law makers. 

Before a person can be elected to the Senate 
he must be at least thirty years of age, must 
have been for nine years a citizen of the United 
States, and must, when elected, be an inhabitant 
of the state from which he is chosen. 

Filling Vacancies.—When a vacancy occurs in 
the Senate it is filled by vote of the State Leg¬ 
islature, if that body is in session. If the legis¬ 
lature is not in session the Governor of the State 
appoints some one to fill the place until the leg¬ 
islature meets and elects a new Senator. 

Organization of the Senate.—The Senate is 
presided over by the Vice President of the Uni¬ 
ted States. The Vice President is not a member 
of the Senate and has no vote except in case of 


LEGISLATIVE DEPARTMENT. 


99 


a tie, when he easts the deciding vote. In the 
absence of the Vice President the Senate elects 
a President pro tern, from among its own mem¬ 
bers. The other officers of the Senate are a Sec¬ 
retary, a Postmaster and a Chaplain. These 
and the various committees are chosen by the 
Senate. The Senate passes on the election and 
qualification of its members, and makes its own 
rules regulating the way in which its business 
shall be carried on. 

House of Representatives.—The House of 
Representatives, often referred to simply as the 
House, is the larger of the Houses of Congress. 
It is composed of representatives from all the 
states. Each state is entitled to at least one 
Representative, but the number of Representa¬ 
tives which each state has depends upon the 
number of people in the particular state. A 
Representative is allowed for every 212,407 of 
inhabitants. This number of persons entitling 
a state to a Representative is changed by Con¬ 
gress from time to time, as the population of the 
United States increases, to keep the House from 
becoming too large. 

Election of Representatives. — Representa¬ 
tives in Congress are elected for a term of two 
years by direct vote, either of the voters of the 
whole state or of those of the District from 
which the Representative is chosen. When Con- 


100 


ELEMENTARY CIVICS. 


gross determines how many Representatives the 
state shall have it is the duty of the State Legis¬ 
lature to divide the state into as many Repre¬ 
sentative Districts as it should have Represent¬ 
atives. The qualified voters of each District 
should elect one Representative from that Dis¬ 
trict, but this is not absolutely required. All 
the voters of the state might vote for all their 
Congressmen for that State. They can do this 
only when the state has not been divided into 
congressional districts. If the state is divided 
into congressional districts and Congress in¬ 
creases the number of Representatives for that 
state, then, if the State Legislature does not re¬ 
divide the state, Representatives are elected in 
each of the existing congressional districts by 
the people of that district, and the additional 
Representatives are elected by the people of the 
whole state. These additional Representatives 
are called Congressmen-at-Large. Under the 
Constitution the same persons who are entitled 
to vote for members of the legislature in any 
state may vote for the Congressmen in that 
state. 

In order to be elected to the House of Repre¬ 
sentatives a person must be at least twenty-five 
years of age, must have been a citizen of the 
United States for seven years, and must be an 
inhabitant of the state from which he is chosen. 


LEGISLATIVE DEPARTMENT. 


101 


Filling Vacancies. —If a vacancy occurs in the 
House the Governor of the state orders an elec¬ 
tion for a new Representative in the district in 
which the vacancy occurs. 

Organization of the House. —The House of 
Representatives chooses its own officers. Its 
presiding officer is known as the Speaker. As 
he is also a member of the House he has the 
right to vote on all questions before that body, 
and if he chooses he can take part in all discus¬ 
sions. Until very recently the Speaker of the 
House has had the right to appoint all House 
Committees. This gave him great power in in¬ 
fluencing legislation. This has now been changed 
and the House itself appoints a committee to se¬ 
lect all other committees. This is a very impor¬ 
tant change, as no bill can become a law until it 
has first been referred to a committee and re¬ 
ported back by it. It is, therefore, in the power 
of a committee to practically kill any bill which 
comes before it, for it is very difficult to get the 
House to act favorably on a measure on which 
a committee has reported adversely. The House, 
like the Senate, makes its own rules for carrying 
on its business. 

Manner of Legislating. —The manner of legis¬ 
lating is very much the same in both Houses of 
Congress. A bill is a proposed law properly 
prepared and brought before either House for 


102 


ELEMENTARY CIVICS. 


the purpose of having it passed and made into 
law. Any member of either House may intro¬ 
duce any bill that he sees fit, except that all bills 
for raising revenue must originate, that is, be 
first introduced, in the House. 

The following steps must be taken to change 
a bill into a law. A bill is introduced by a mem¬ 
ber calling the attention of the presiding officer 
and members of the House to the fact that he 
desires to introduce a bill on a certain subject, 
giving its title. The bill is then filed by the 
proper clerk and is said to be introduced. Next 
the bill is referred to the proper committee, 
which takes it, and in due time considers it. If 
a majority of the committee think the bill ought 
to become a law they report the bill back to the 
House with a recommendation that it pass. If 
there are any members of the committee who 
disagree with this suggestion they file a minor¬ 
ity report opposing the bill. If the majority of 
the committee does not think that the bill ought 
to become a law they report it back recommend¬ 
ing that it do not pass. If a minority thinks it 
is a good bill they can make a minority report 
recommending its passage. The bill must be 
read on three different days in the House in 
which it was introduced, and if it then passes 
by a majority vote it is sent over to the other 
House. There it is again referred to a com- 


LEGISLATIVE DEPARTMENT 


103 


niittee and reported oil, and must be read three 
times and passed by a majority vote. If it re¬ 
ceives such vote without any amendment, the 
bill must then be signed by the presiding* officer 
of each House and be sent to the President for 
his action. If the second House dealing with 
the bill does not pass it, this defeats the bill, for 
the concurrence of both Houses is necessary be¬ 
fore a bill can become a law. 

If the second House thinks well of the general 
purpose of the bill, but wishes to change it in 
any way, it may do this by adopting amend¬ 
ments to it. If it then passes the bill as amend¬ 
ed, the amended bill must be sent back to the 
House in which it originated and be acted upon 
there. If that House agrees to the amendment 
it is then ready for the signatures of the pre¬ 
siding officers and the President. If this House 
does not agree to the bill as amended this will 
defeat the bill altogether unless the two Houses 
shall appoint a joint conference committee 
which will take up the bill and consider it. If 
they agree on the bill, or any changes in it, it has 
to be referred back to both Houses and passed 
by them. If this is not done the bill is lost. 

The President’s Connection With Legislation. 
—The Constitution of the United States makes 
it the duty of the President, “from time to time, 
to give to the Congress information on the state 


104 


ELEMENTARY CIVICS. 


of the Union and recommend to their considera¬ 
tion such measures as he shall judge necessary 
and expedient.” It also authorizes him to call 
both Houses of Congress together on extraordi¬ 
nary occasions. 

Under these two powers the President may 
exercise great influence in suggesting and urg¬ 
ing the passage of laws. If he thinks that a law 
on any subject ought to be enacted he can call 
the attention of both Houses of Congress to this 
fact and request them to pass such a law. This 
need not control Congress, but it would have 
great influence with the members, frequently 
being sufficient to secure the passage of the bill. 

The President also lias the right to veto any 
law passed by Congress. The word veto 
means, I forbid, and the vetoing of a law means 
that the President states to Congress that he is 
not willing for the Act which he vetoes to be¬ 
come a law. This action on his part will prevent 
the Act passed by Congress from becoming a 
law, unless both Houses of Congress shall again 
pass the bill by a two-thirds vote in each House. 
If they do pass it in this way it becomes a law 
notwithstanding the President’s veto. When a 
bill is passed and sent to the President he has 
ten days, not counting Sundays, within which to 
consider it. If he does not act on it and send it 
with his veto back to the House in which the 


LEGISLATIVE DEPARTMENT. 


105 


bill originated within the ten days, the Act be¬ 
comes a law without his approval. 

QUESTIONS. 

1. What is law making? Can there be successful gov¬ 
ernment without this? 

2. What is a law? What is the Latin word for law? 
What three English words relating to law making do we 
derive from this? 

3. In what body is the law making power of the United 
States vested? What are its two houses, respectively, 
called ? 

4. Of whom is the Senate composed? IIow does this 
tend to give equal power and opportunity to each state? 

5. How are United States Senators elected? For wdiat 
length of time do they hold? Name the qualifications of a 
Senator? .State briefly the organization of the Senate. 

6. Of whom is the House of Representatives composed? 
Does each state have the same number of representatives? 
On what basis is the number of representatives determined? 
How are representatives elected? Give the qualifications of 
representatives. 

7. Describe briefly the organization of the House. .Why 
is the Speaker of the House permitted to vote on all ques¬ 
tions before the House while the President of the Senate 
can only vote in case of a tie? 

8. What is a bill? Who may introduce bills which 
do not provide for raising revenue? Who alone can in¬ 
troduce bills of the kind named? Trace briefly the course 
of a bill after its introduction until it becomes a law. 

9. What powers and duties has the President of the 


106 


ELEMENTARY CIVICS. 


United States in securing the enactment of laws? What 
powers has he to prevent a bill from becoming a law ? If a 
President has vetoed a bill what must be done before the 
bill can become a law? 


CHAPTER X. 

Powers of Congress. 

United States Government One of Enumer¬ 
ated Powers.—We must never forget when we 
are studying about the Federal Government 
that all its powers are enumerated in the Consti¬ 
tution of the United States. We mean by this 
that the Federal Government has no political 
powers except such as are given it by the Consti¬ 
tution. 

This is clearly shown as to the legislative de¬ 
partment, by the first clause of the section of the 
Constitution regarding this department, which 
declares “all legislative power herein granted 
shall be vested in a Congress.” The powers 
spoken of are declared to be granted, and the 
powers thus granted are all the legislative pow¬ 
ers belonging to the Federal Government. 

Most of the powers granted it are expressly 
set out in the Constitution, but it is well'set¬ 
tled that the government has also some implied 


POWERS OE CONGRESS. 


107 


powers. Express powers are those which are 
granted in express words in the Constitution it¬ 
self ; implied powers are such powers as it is 
reasonable to believe the framers of the Consti¬ 
tution intended the government should have in 
order to enable it to properly exercise the pow¬ 
ers and perform the duties expressly set out in 
the Constitution. We will discuss these express 
and implied powers separately. 

Express Powers of Congress. —The Constitu¬ 
tion expressly authorized by Congress: 

To levy and collect taxes of different kinds, to 
pay the debts of the Government and to provide 
for the common defense and general welfare of 
the United States. 

To borrow money on the credit of the United 
States. 

To regulate cofnmerce with foreign nations, 
among the several states and with the Indian 
tribes. 

To establish uniform rules of naturalization. 

To pass uniform laws on the subject of bank¬ 
ruptcy. 

To coin money. 

To fix the standard of weights and measures. 

To punish counterfeiting. 

To establish postoffices and post roads. 

To grant copyrights and patents. 

To create courts inferior to the Supreme Court 


108 


ELEMENTARY CIVICS. 


and to add to the jurisdiction of the Supreme 
Court. 

To define and punish crimes committed on the 
high seas. 

To define and punish offenses against the law 
of nations. 

To declare war. 

To raise, support and govern armies. 

To provide, maintain and govern a navy. 

To make laws concerning the militia. 

To govern the District of Columbia and sucii 
other places in the several states as may be ac¬ 
quired by the Federal Government for maintain¬ 
ing forts, etc. 

We will take up and explain the most impor¬ 
tant of these express powers. 

Taxing Powers of the United States. 

Direct Taxation.—The first paragraph of Ar¬ 
ticle I, Section 8, of the Federal Constitution 
says “that Congress shall have power to lay and 
collect taxes, duties, imposts and excises.” If 
this were all that the Constitution said, on this 
subject it would be a general grant of power to 
raise money by taxation in any way that the 
Government saw fit. But the effect of this is 
very much limited by clause 3, Section 2, Article 
I, which declares that “direct taxes shall be ap¬ 
portioned among the several states which may 


POWERS OF CONGRESS. 


100 


be included in the Union according to their re¬ 
spective numbers . v 

Direct taxes are taxes levied and collected in 
such way that the person paying the tax has no 
opportunity to make any one else pay the tax 
back to him. 

An indirect tax is one levied and collected in 
such way that the one paying it has an oppor¬ 
tunity to make some one else pay him back. For 
example, the United States levies a tax on all 
persons who sell tobacco. The tobacco merchant 
pays the tax to the- government, and then raises 
the price of his tobacco and makes each of his cus¬ 
tomers pay him a little more for the tobacco he 
buys. In this way the merchant passes the tax 
on to the customers as a part of his business ex¬ 
pense. 

Coming back to the power of the United 
States to levy direct taxes, we find that one part 
of the Constitution gives the government this 
power. Another part of the Constitution puts 
very serious limitations on the manner in which 
the power may be exercised. 

The most important direct taxes are taxes 
levied against owners of property which they 
are keeping for their own use, as lands, etc. To 
be just all such taxes should be based on the 
value of the property taxed. The framers of the 
Constitution lost sight of this, and in the limit- 


110 


ELEMENTARY CIVICS. 


ing clause on this subject require that all direct 
taxes shall be apportioned among the states, not 
in proportion to the value of the property with 
in the several states subject to the tax, but ac¬ 
cording to the number of people living in each 
state. Under this direction Congress cannot di¬ 
vide such taxes justly among the different states 
and it has consequently ceased to exercise this 
power at all. It could resume it again if it saw 
lit, but it is not probable that it will do so. 

Indirect Taxation.—The Federal Government 
derives its revenue principally from indirect 
taxation. The most important of these indirect 
taxes are tariff charges and excise charges. Tar¬ 
iff charges are money paid for the privilege of 
bringing foreign goods into the United States. 
Excise or license taxes are taxes paid by per¬ 
sons for the privilege of carrying on certain bus¬ 
inesses, principally the manufacture or sale of 
intoxicating liquors, tobacco and similar articles. 
Upon the payment of this tax a person obtains 
a license permitting him to carry on the particu¬ 
lar business for which the tax was paid. This 
is the reason they are frequently called license 
taxes. 

Collection of Taxes.—People do not pay taxes 
voluntarily, so that the Government employs a 
large number of officers known as Collectors of 


POWERS OF CONGRESS. 


Ill 


Customs and Internal Revenue Collectors to see 
that these taxes are paid. 

Power to Establish Postoffices and Post 
Roads.—The people of the United States could 
not live as they now do without having ready 
means of sending information from one part of 
the country to another. Much of this commu¬ 
nication is carried in the form of letters and 
printed matter, such as newspapers, magazines, 
etc. The Federal Government is given power 
to establish postoffices and post roads for the 
purpose of carrying and distributing such mat¬ 
ter through the mails. To help pay the expense 
of our Postal System every one sending matter 
through the mails has to pay for the service ren¬ 
dered a small sum by the purchase of Postage 
Stamps from the Government. These matters 
are exclusively within the control of the Federal 
Government. 

Coining Money. —People must have something 
with which to pay for things they buy and to 
pay their debts. Anything that is generally used 
for these purposes we get into the habit of call¬ 
ing money. This is not correct. Money is used 
for these purposes, but as we shall see after a 
little, other things may be so used without be¬ 
coming money in an accurate or legal sense. 

One of the principal uses of money is as a 
standard by which to measure the value of all 


112 


ELEMENTARY CIVICS. 


other things. If you go into a store and ask 
the price of anything, the answer you get will 
be some sum of money. Suppose you ask the 
price of one thing and are told that it is a dollar, 
you then ask the price of another thing and are 
told it is two dollars. In this way you would not 
only find that the value of each of these things 
was measured by money, but you would know 
that one of them was worth just twice as much 
as the other. 

In this simple transaction the merchant has 
measured the value of two different articles by a 
standard called a dollar. He has found that one 
article is worth one dollar and the other is worth 
two dollars. As the dollar he used in measuring 
the value of each is the same, he has also found 
the relative value of the two things. One is just 
twice as valuable as the other. 

Now, suppose when you ask the merchant the 
price of the first article he tells you it is worth 
a bushel of corn. And when you ask the price 
of the second article he tells you that it is worth 
fifty pounds of cotton. You would not really 
know what either is worth, nor which one is 
worth the more. There are two difficulties in 
this last supposition. First, the merchant does 
not measure either article by any fixed standard. 
Second, he does not use the same standard for 
measuring both articles. You really know very 


POWERS OF CONGRESS. 


113 


little more about the matter after the merchant 
has answered you than you did when you asked 
him the question. It is true you could find out 
what a bushel of corn would sell for and in that 
way find out the price of the first article in 
money. You could also find out what cotton is 
worth, and by this means get the money value 
of the second article. As you would now have 
both articles valued in money you could com¬ 
pare the prices and find out which is the more 
valuable and how much more it is worth than 
the other. You now know what you wanted to 
find out. In order to do this, however, you were 
compelled to get the value of each article in the 
same fixed standard, money. It would take a 
great deal of time and trouble to go through this 
roundabout process in carrying on our every da) 
business. Besides, we found by our illustration 
that we could get no real idea about value until 
we came back to the money standard. 

The confusion and uncertainty in your deal¬ 
ing with the merchant would be very much in¬ 
creased if instead of closing it out at once and 
paying the merchant the bushel of corn for the 
one article or the fifty pounds of cotton for the 
other you had bought them on a credit and 
promised to deliver the corn and the cotton six 
months afterward. In this case you would still 
have all the uncertainty you had before. In ad- 


114 


ELEMENTARY CIVICS. 


dition there would be uncertainty as to whether 
corn or cotton, or both of them, would be cheap¬ 
er or higher at the end of the six months than 
they were when you made the promise to pay. 
So a fixed standard of value is even more impor¬ 
tant in transactions in which credit is given 
than it is when the payment is to be made right 
away. The world has never found any way to 
carry on the bulk of its business without using- 
credit and taking promises to pay in the future. 

We have gone into this long statement in or¬ 
der to show you the great need of having one 
fixed standard by which to measure the value of 
every thing that is bought and sold, and by 
which to make certain the meaning of all prom¬ 
ises to pay at a future time, and the extent of the 
promisors liability thereunder. 

It is so important to have this fixed standard 
and for it to be the same all over the country 
that in framing the Constitution of the United 
States this matter was given over to the Federal 
Government. The statement in the Constitu¬ 
tion on this subject is very brief. It simply says 
that Congress has the power 44 to coin money.” 
Brief as this statement is, it ought not to be diffi¬ 
cult to understand. 

Only metals can be coined, so that the word 
coin limits the power of Congress to the use of 
metals in making money. At the time the Con- 


POWERS OF CONGRESS. 


115 


stitution was adopted only two metals were 
used for this purpose. These were gold and sil¬ 
ver. So applying to these few words the ordi¬ 
nary rules of construction that govern in inter¬ 
preting the Constitution, we find that Congress 
under them has the power to coin gold and silver 
into money; and cannot make money out of any¬ 
thing else. It is true we have other things be¬ 
sides gold and silver coins that are freely used 
as, and called, money. This is not strictly accu¬ 
rate as we shall show later on. 

Coining money is done in this way. The proper 
officer of the government takes a quantity of 
gold or silver and tests it to find out whether 
or not it is pure. If it is not, he refines it until 
it is. Pure metal, either gold or silver, is too 
soft for use as money. So after the gold or sil¬ 
ver has been freed from all dross the officer takes 
some harder metal and thoroughly mixes enough 
of this with the gold or silver to make it as hard 
as coins ought to be. This hard metal is called 
alloy. From this metal he then makes the indi¬ 
vidual coins by taking as much metal as is 
needed for each coin, casting it in a mold and 
pressing it in what is called a die. This die is 
harder than the metal pressed, and has in it cer¬ 
tain letters and figures, depending on the kind 
of coin. The pressure forces the softer metal 
into these. When the coin comes out it has on it 


116 


ELEMENTARY CIVICS. 


the name of the Government, the name of the 
coin, the date it is made and the other impres¬ 
sions corresponding with the die in which it has 
been pressed. Every coin, therefore, shows what 
government made it, at what date it was made 
and its name or denomination. Its name carries 
with it its value. When the Government issues 
a coin it in effect guarantees to the business 
world that the facts stated on the coin are true, 
and everybody deals with the coin on that basis. 

Coins issued in this way by the United States 
Government are strictly money. They form the 
standard of value by which the business world 
of the United States measures the price of every 
other article. 

We said a while ago that there are other 
things besides gold and silver coins that are 
called money and used as such. The things so 
used and spoken of are of two kinds. 

First. Small pieces of metal, neither gold or 
silver, usually either nickel or copper, which the 
■Government has coined in very small sums to 
be used as change. These are the nickels and 
pennies that we find so convenient in daily life. 
They are not really money or even promises to 
pay money. Their use is based upon convenience 
and the fact that each coin represents so little 
that the chance of loss by it is too small to be 
considered. 


POWERS OF CONGRESS. 


117 


Second. The other substitute, in common use 
as money, is promises to pay money. These are 
frequently more convenient to use than gold or 
silver coin, and if the person making the promise 
to pay is absolutely sure to do so, they are quite 
as safe. If the promise to pay is made by the Gov¬ 
ernment or is practically guaranteed by it, then 
it is, humanly speaking, sure to be kept. It is 
promises to pay, made by the United States 
Government, or practically guaranteed by it, 
which we use so much as money, and that we 
have come to call money. 

If you will examine any piece of paper money y 
as you are in the habit of calling it, you will find 
on it somewhere a promise by somebody to pay 
the bearer a certain amount of gold or silver 
coin, if the bearer will present the paper to the 
one making the promise, at a named place. As 
everybody believes that this promise will be 
kept, and as the paper is lighter and easier to 
handle than the amount of gold or silver which 
it calls for, people doing business would just as 
soon, if not rather, have the paper than the coin 

If the piece of paper you examine is a national 
treasury warrant the promise you find on it will 
be, that the United States Government will pay 
the bearer the amount of gold or silver stated, 
upon presentation at the United States Treasure 
in Washington. If the paper is a gold or silver 


118 


ELEMENTARY CIVICS. 


certificate it will state that the amount of gold 
or silver has been deposited with the proper offi¬ 
cer of the United States Government and is now 
in its possession and will be paid to the bearer of 
the certificate upon presentation. These are 
called gold or silver certificates, as the case 
may be. If the paper you examine is a national 
bank note the promise on it will be made by 
some particular national bank and will bind 
that bank to pay the amount of gold or silver 
named in the note upon presentation to that 
bank. This, you see, is not a direct promise by 
the United States Government. It is only the 
promise of a national bank. No national bank 
can issue such notes without the permission of 
the Federal Government. The law giving this 
permission is very strict. The result is that the 
United States Government exercises such con¬ 
trol and supervision over the banks making 
these promises that it practically amounts to a 
guarantee by the Government that the promise 
w ill be kept and the money paid on demand. 

These different promises to pay are used as 
money all over the United States. We are so ac¬ 
customed to this use that we all call them money, 
and some people have actually come to believe 
that they are money. 

There is not near enough gold and silver 
coined in the United States to meet the business 


POWERS OF CONGRESS. 


110 


demands of the people. We are obliged, there¬ 
fore, to have some substitute for them to use as 
money. The bills discussed above are the sub¬ 
stitutes we now use. 

The states are expressly forbidden to coin 
money or to make anything but gold or silver a 
legal tender in the payment of debts. 


QUESTIONS. 

1. What is there in the first clause in the section of the 
Federal Constitution regarding the legislative powers of 
the United States, which shows that government to be one 
of delegated or derived powers? 

2. What is an express power? What is an implied 
power? Does Congress have any implied powers? How 
many times have you gone carefully over the enumeration 
of the express powers of Congress? 

3. What is a direct tax? Give an example. Why has 
Congress abandoned this way of raising money? What is 
an indirect tax? Give an example. What is a tariff? 

4. What is a postoffice? What is a post road? What 
government- has control over these matters? How does the 
sale of postage stamps help to pay the expenses of keep¬ 
ing up the postoffices. 

5. What is money ? What government has the power to 
coin money,? Out of what two metals'may money be 
coined? Is the paper currency in circulation in our busi¬ 
ness transactions really money? Why do we use it as and 
call it money? Why do we need a fixed standard by which 
to measure' the A r alue of all articles? 


120 


ELEMENTARY CIVICS. 


CHAPTER XI. 

Powers of Congress—Continued. 

Power to Borrow Money.—It is difficult 
to know in advance just what the expenses of a 
Government will be. Therefore, the Govern¬ 
ment is not always able to raise money by taxa¬ 
tion just when it is needel. For this reason the 
Federal Government was given the power to 
borrow money. When borrowing money for a 
fixed length of time the Government gives out 
bonds promising to pay a certain sum at a cer¬ 
tain time with a certain rate of interest thereon. 
These are known as United States bonds. 

Bills of Credit.—A Bill of Credit is a 
promise to pay a certain sum of money. Con¬ 
gress has the power to borrow money on the 
credit of the United States and does so by is¬ 
suing and selling Bills of Credit. Money can be 
raised in this way only for public purposes and 
to meet public demands. Under this power a 
great deal of the paper currency is issued and 
circulated. 

Power Over Commerce.—Commerce is a 
term of very broad meaning. It has been decided 
by the Supreme Court of the United States that 
it includes all sorts of buying and selling of ar- 


POWERS OF CONGRESS. 


121 


tides and also the transporting of all artides or 
of persons from one place to another, either for 
business or pleasure. The Power of Congress 
regarding this subject is limited to commerce 
with foreign nations, commerce among the sev¬ 
eral states and different Indian tribes. Com¬ 
merce with foreign nations includes not only 
dealing with the nations themselves, but with 
their subjects or citizens. Commerce among the 
several states includes (1) all buying and selling 
carried on by persons who are in different states; 
(2) all buying and selling of things in one state 
when one or both persons are in another; and (3) 
the carrying of persons and things from one 
state into or through another. Whenever, there¬ 
fore, commerce comes under any of the heads 
given above it is within the power of the Federal 
Government to regulate it. 

This power, however, does not extend to deal¬ 
ings among people of the same state with refer¬ 
ence to things that are in that state, nor to the 
carrying of persons or things when the carriage 
is entirely within one state. These matters not 
being included in the grant of power to Con¬ 
gress, are governed by the several states. 

Naturalization.—To naturalize a person is 
to change him from an alien into a citizen of the 
United States. Persons who are born subjects 
or citizens of any other government may come 


122 


ELEMENTARY CIVICS. 


into our country, but their coining does not of 
itself make them citizens. To become citizens 
of the United States they must obey the laws of 
Congress on that subject. In general these laws 
require that the person seeking to become a citi¬ 
zen shall go before some named court of record 
and file a written statement setting out his name 
and residence, of what country he is a subject 
or citizen, and declare his intention of becom¬ 
ing a citizen of the United States by following 
the course that the law requires in such cases. 
This is called filing his declaration of intention. 
He must live in .the country for at least 
five years, two of them after filing his dec¬ 
laration. After such time he can come 
before the court in which he filed his declaration, 
or any other proper court, and by making proof 
of having filed his declaration and of his re¬ 
quired residence, and by making oath that he 
changes his allegiance from his former sovereign 
to the United States he can obtain an order de¬ 
claring him to be a citizen ,of the United States. 
He is then entitled to all privileges and advan¬ 
tages of a citizen, except that he can never be¬ 
come President. 

It is important that there should be no doubt 
or mistake about matters of citizenship, and that 
the proceedings should be the same everywhere 
in the United States. For this reason the power 


POWERS OP CONGRESS. 


123 


to naturalize aliens is denied to the states and 
granted exclusively to the Federal Government. 

Power Over Bankrupts and Their Credit¬ 
ors.—The people of different states have so much 
business with one another that it must some¬ 
times happen that persons living in one state 
will have creditors living in another. Such debt¬ 
ors are sometimes unable to pay their debts. 
It, therefore, seemed well to include in the pow¬ 
ers of the Federal Government the right to make 
uniform laws regarding the settlement of the 
estates of those owing debts which they cannot 
pay. The power of regulating such settlements 
is given to Congress. Under this power the Fed¬ 
eral Government can compel the creditors of a 
man who cannot pay all his debts to accept such 
part of their debts as the creditor can pay and 
to release him from the part unpaid. The law 
goes into great detail as to how this shall be 
done. A man who cannot pay his debts is called 
a bankrupt. Hence laws regulating this subject 
are called bankruptcy laws. 

No state can pass a law compelling any cred¬ 
itor to take less than the full amount of the debt 
owed him or to release the debtor from what he 
still owes. This power is not only vested in the 
Federal Government but the states are forbid¬ 
den to pass any law impairing the obligation of 
contracts. 


124 


ELEMENTARY CIVICS. 


Copyrights and Patents. —A copyright is 
a written statement by the proper officer of the 
United States that a certain person is the author 
or producer of a book or writing or of some cer¬ 
tain piece of music or painting or other work of 
art. Such a certificate gives to the person hav¬ 
ing the copyright the exclusive right to print, 
publish and sell the copyrighted book or picture. 
This enables him to make a larger profit out of 
his production than he could do without this pro¬ 
tection. 

A patent is a written certificate from proper 
officers of the Federal Government that a cer¬ 
tain person is the inventor of some new and use¬ 
ful thing, and as such is entitled to the exclusive 
right to make and sell this thing for a named 
number of years. This is a very valuable right 
as it prevents other people from making or sell¬ 
ing the thing patented during the years named 
in the patent. This protects the inventor and 
enables him to get a higher price for his inven¬ 
tion. 

The power to issue Copyrights and Patents 
is exclusively within the jurisdiction of the Fed¬ 
eral Government. 

Implied Powers. —After enumerating all the 
powers set out near the beginning of this chap¬ 
ter the section of the Constitution continues: 
“To make all laws which shall be necessary and 


POWERS OP CONGRESS. 


125 


proper for the carrying into execution the fore¬ 
going powers, and all other powers vested by 
this Constitution in the Government of the Uni¬ 
ted States or in any department or officer 
thereof.” 

This quotation is the principal basis for the 
implied powers of Congress. It authorizes that 
body to make all such laws as may be necessary 
and proper for carrying into execution the pow¬ 
ers that had previously been enumerated. This 
is a very important grant and under it a great 
deal of far reaching legislation has been passed. 

It is quite impossible to enumerate and discuss 
all the implied powers of Congress. Powers 
which are necessary to the efficiency of the Gov¬ 
ernment and which are fairly and reasonably to 
be gathered from the Constitution should not be 
denied. Powers not given by a fair and reason¬ 
able interpretation are not to be supplied merely 
because they seem to be desirable. 

Example of Implied Powers. —There is no ex¬ 
press power given Congress to establish banks 
or even to charter corporations. At an early day 
it chartered a corporation to do business as a 
bank. Its purpose was to assist the officers of 
the Government in carrying on its financial op¬ 
erations. Without money it was impossible for 
the Government to carry on its business, and it 
was important to have safe and quick means by 


126 


ELEMENTARY CIVICS. 


which to send money collected in one place to 
other places where it was needed. Hence the 
Supreme Court of the United States held that 
Congress had the implied power to charter such 
a bank and use it in carrying on the business of 
the Government. 

Powers the Houses Exercise Separately. —The 

powers of Congress discussed up to this time 
have been powers given to the two houses act¬ 
ing together. In addition to these powers each 
House has some powers which it may exercise 
separately, that is, without the concurrence of 
the other. 

Separate Powers of the Senate. —The most im¬ 
portant of the separate powers possessed by the 
Senate in addition to those of passing on the 
qualifications and election of its members, mak¬ 
ing its own rules and selecting its own officers, 
which have already been treated, are: 

To approve or reject appointments to office 
made by the President. 

To concur in or reject treaties proposed by 
the President. 

To try all cases of impeachment brought be¬ 
fore it by the House of Representatives. 

To elect a Vice President in case there is no 
election made by the Electoral Colleges. 

The first, second and fourth of these powers 


POWERS OF CONGRESS. 


127 


are explained in the chapter on the Executive 
Department. 

Impeachment. —An impeachment is a charge 
made by the House of Representatives to the 
Senate accusing an officer of a violation of his 
official duty. If he is found guilty he is removed 
from his office. Any important Federal officer 
except a member of Congress may be impeached. 
Members of each House of Congress can only 
be tried for an official wrong by the house to 
which they belong. 

An impeachment trial is carried on as follows: 
Some one or more persons who believe an officer 
to be guilty of a serious violation of the law, re¬ 
ports the facts as he believes them to one or 
more members of the House of Representatives. 
These members, if they think the officer guilty, 
bring the charges in definite form before the 
House. The House appoints a committee to in¬ 
vestigate the matter. This committee reports 
to the House, recommending either an impeach¬ 
ment of the officer or that the matter be dropped. 
The House votes on this report and decides 
either to abandon the prosecution or to prepare 
charges against the officer and present them be¬ 
fore the Senate. If impeachment is decided 
upon by this vote the House appoints a commit¬ 
tee to try the case before the Senate. The Sen¬ 
ate acts as a court. If the officer is found guilty 


128 


ELEMENTARY CIVICS. 


he is removed from office and can never again 
hold an office under the United States Govern¬ 
ment. The officer can be tried by the courts and 
punished in other ways for his offense whether 
or not the Senate finds him guilty. 

Separate Powers of the House of Representa¬ 
tives. —The Separate Powers possessed by the 
House of Representatives in addiiton to those 
of passing on the qualifications and election of 
its members, making its own rules and selecting 
its own officers, are: 

To present to the Senate all charges in case 
of impeachment and prosecute such charges. 

To elect a President in case there is no elec¬ 
tion made by the Electoral Colleges. 

The first of these powers has already been ex¬ 
plained in connection with the Separate Powers 
of the Senate. The second will be discussed in 
the chapter on the Executive Department. 

QUESTIONS. 

1. Why is it necessary for a government to have the 
power to borrow money? What is a United States bond? 

2. What is a Bill of Credit? For what purposes may 
money be raised by issuing Bills of Credit ? 

3. What is commerce? Over what kinds of commerce 
does the United States Government have control? What 
is meant by commerce with foreign nations? What is in¬ 
cluded in interstate commerce? What government has 
control over all other kinds of commerce except those kinds 
just mentioned and with the Indian tribes? 


EXECUTIVE DEPARTMENT. 


129 


4. Who is an alien? What is meant by naturalizing an 
alien? What government has exclusive control over nat¬ 
uralization? Describe very briefly the process of naturali¬ 
zation. 

5. Who is a bankrupt? Why is it desirable that all 
bankrupt laws be the same all over the United States ? Can 
a state compel a creditor to release his debtor on payment 
of less than the whole amount due him? Why? 

6. What is a copyright ? What is a patent ? What ben¬ 
efit does a copyright or patent give to its holder ? What 
government has exclusive control over these matters? 

7. What authority has the United States Government 
to charter a National Bank? 

8. What separate powers has the Senate? 

9. What is an impeachment? Who makes the charge 
and who tries it in cases of impeachment? What is the 
penalty if the officer is found guilty? 


CHAPTER XII. 

Executive Department. 

Introduction. —We have already seen the ne¬ 
cessity for executive power in government, and 
the general nature of an executive department. 
We know that this general purpose is to enforce 
the laws made by the legislative department. 
Let us now discuss more definitely the officers 
making up the Executive Department of our 
Federal Government, and their powers and du¬ 
ties. 

Executive Officers. —The two executive offi- 


130 


ELEMENTARY CIVICS. 


cers named in the Constitution, are the Presi¬ 
dent and Vice President. No others are named 
in that instrument. Reference is made, how¬ 
ever, to executive departments and officers in 
each. Under this Congress has provided nine 
branches of this Department and for a great 
many and very important officers in connection 
with them. The President and Vice President 
and the heads of these constitute the most im¬ 
portant executive officers in the Federal Gov¬ 
ernment. 

The President.—The President is by far the 
most important executive officer in the Federal 
Government. If you will turn to Article III of 
the Constitution of the United States, given as 
Appendix A, in your text book, you will find an 
enumeration of his powers and duties. You 
should study those provisions carefully. We 
will summarize for you the most important of 
them. 

Qualifications and Term of Office.—The Presi¬ 
dent must be a natural born citizen of the 
United States. No one born an alien can be put 
into this exalted office. Naturalization cannot 
make him eligible. He must have lived 14 years 
within the United States and must be at leasf 
35 years of age. His term of office is four years. 
If the person chosen President proves fairly ac¬ 
ceptable, it is customary to elect him for a sec- 


EXECUTIVE DEPARTMENT. 


131 


ond term. This is not required by law, but lias 
become a somewhat well established custom. No 
one has ever been elected for more than two 
terms. There is no law forbidding a third term, 
but the sentiment of the best presidents and of 
the people generally is very much against it. 

Electoral College.—The President is not di¬ 
rectly voted for by the people, but by a body of 
men in each state called an “Electoral College.” 
The Electoral College in each state is composed 
of a number of men selected in such way as the 
state legislatures may determine. Each mem¬ 
ber of the Electoral College is called an Elector. 
There are as many Electors in the college of 
each state as there are members of Congress 
from that state, including members of both Sen¬ 
ate and House. 

There were no organized political parties in 
the United States when the_Constitution was 
written, and it was expected that the people of 
each state would select from among themselves 
the number of Electors to which they were en¬ 
titled and that these Electors would meet and 
exercise their own judgment in selecting a Pres¬ 
ident and Vice President, for this officer is also 
chosen by the Electoral College. This was ac¬ 
tually done for some time. The development of 
political parties and party organization have 
made very great changes in these respects. 


132 


ELEMENTARY CIVICS. 


These changes are so great and seemingly so 
permanent that we give you a brief discussion 
of them. 

The Effect of Political Parties on the Elec¬ 
tion of President and Senators. —In Chapter Y 
we discussed at some length Political Parties 
within the United States and their effect, organ¬ 
ization and power of operation. We find some 
curious results coming from these parties in 
connection with the election of the President 
and Vice President and of United States Sen¬ 
ators. Discussion as to United States Senators 
seems out of place just here, but the theories 
and facts involved in the election of these two 
classes of important federal officers are so very 
similar that we take them up together. 

The purpose of making party platforms and 
nominating party candidates is to bring the 
whole strength of the party doing so to bear on 
the adoption of principles discussed and policies 
announced in the party platform and on the elec¬ 
tion of the nominees, and so to have the govern¬ 
ments, federal and state, carried on in accord 
with such principles. 

If the person nominated for office by a party 
is elected, he is therefore under moral and po¬ 
litical obligation to so act in his office as to bring 
this about. He is under no legal obligation to 
do so. Political parties are, so to speak, spori- 


EXECUTIVE DEPARTMENT 133 

taneous growths, springing up in connection 
with our democratic plan of government and 
practically inseparable from it, but they are not 
legally speaking, parts of them. So a nominee 
of a party after he is elected is not legally bound 
to advocate or to vote for the measures set out 
in the platform of his party or for candidates 
nominated by it for office. The only force 
coercing him to do so is party allegiance. If he 
does not do so he will lose standing in his party 
and his chances for any other political favor 
would be gone. 

To get the full force of the foregoing observa¬ 
tions we must bear in mind that there are two 
sets of elective officers whose official duty it is 
to vote for other officers. One of these are 
the members of the Electoral College. This is 
the only duty these officers have to perform. 
They vote for a President and a Vice President 
of the United States, and their political life and 
activity is passed. 

The other officers who have such duties are 
members of the State Legislatures. You re¬ 
member that United States Senators are not 
elected by direct vote of the people, but by the 
Legislatures of the several states. Members of 
the legislatures have a great many other duties 
to perform, but all United States Senators ex- 


134 


ELEMENTARY CIVICS. 


cept iii cases of short vacancies must be elected 
by them. 

If there were no political parties every voter 
would vote for whomsoever he wished for Presi¬ 
dential Electors. The candidates to the number 
of electors getting the highest vote would be the 
electors. No one of the electors selected in this 
way would be under any sort of obligation, po¬ 
litical or moral, to vote for any particular man 
for President or Vice President. Each elector 
would be absolutely free to exercise his own 
judgment and vote for the men of his individual 
choice. 

The organization of political parties changed 
this. Each party now nominates its preference 
for President and Vice President. In each 
state it then nominates men for the Electoral 
College. If these nominees for the College are 
elected, they are both morally and politically 
bound to vote for the nominee of their party for 
President and Vice President. As stated be¬ 
fore, this is not a legal obligation. If the elec¬ 
tors wanted to do so they could vote for some 
one else. The law would not punish them or 
refuse to recognize their votes. Their party 
would, however, excommunicate them and they 
could never again aspire to office of any kind in 
that party. These influences are so strong as 


EXECUTIVE DEPARTMENT 


135 


to be absolutely controlling under ordinary cir¬ 
cumstances. 

So that the members of the Electoral College 
no longer vote their individual preferences as 
the Constitution contemplates, but the choice of 
their party as expressed in their party conven¬ 
tion or primary election, as was explained to 
you under the head of Political Parties in chap¬ 
ter V. 

The same results are worked out by party or¬ 
ganization with regard to the election of United 
States Senators. 

In almost all the states now, whenever a 
United States Senator is to be elected, each 
party nominates a candidate for that office. 
This is sometimes done in a state primary, some¬ 
times in a state convention. It is almost always 
done in one or the other of these ways. Each 
member of the Legislature is elected by the vot¬ 
ers of some party which has expressed its pref¬ 
erence for Senator. When the election comes 
on before the Legislature it is practically cer¬ 
tain that each member will recognize the bind¬ 
ing force of the party nomination and vote for 
the nominee. 

You see from this that by the process of party 
nominations the selection of President and Vice 
President and of United States Senators has 
practically been changed from the mode con- 


136 


ELEMENTARY CIVICS. 


templated in the Constitution to one of party 
preference expressed through party action. 
These changes, though radical, seem permanent. 
They have so impressed the minds of some writ¬ 
ers on our American Institutions that they are 
spoken of as “ Unwritten Amendments to the 
Federal Constitution.” This is incorrect and 
the expression ought not to be adopted. The 
Federal Constitution sets out how it may be 
amended. This method must be followed to 
make a real amendment to that instrument. The 
moral and political effect of these changes are, 
however, very great. 

Manner of Election. —The electors chosen for 
each state meet at the capital of their state at a 
time designated and each votes by ballot for some 
one for President. A list of these ballots is then 
made up, certified, sealed and taken by messen¬ 
gers to the Capitol of the United States and 
given to the President of the Senate. An¬ 
other list is sent to him by mail. This offi¬ 
cer opens and counts the ballots in the presence 
of both houses of Congress and announces the 
result. If any person has secured a majority 
of the votes cast by the electors for President, 
he is declared elected to that office. If no one 
receives a majority of all the votes cast there is 
no election and the House of Representatives 
chooses a President by ballot from the three can- 


EXECUTIVE DEPARTMENT. 


137 


didates having the highest number of votes. In 
such election the Representatives vote by states, 
each state having one vote. Two-thirds of the 
states must take part and a majority of all the 
states is necessary for an election. 

Powers and Duties of the President. —The 
Constitution declares that the executive powers 
“ shall be vested in the President of the United 
States’’ and further declares that “he shall take 
care that the laws be faithfully executed.” In 
a general way these two provisions give us the 
powers and duties of the President. 

Chief Executive. —The President is the Chief 
Executive officer of the nation, charged with the 
duty, and responsibility of enforcing its laws 
throughout the United States and protecting its 
citizens abroad. He is the head of the several 
departments of the executive branch of the gov¬ 
ernment and is chiefly responsible for the way 
in which each of these is carried on. As he se¬ 
lects the heads of these departments and can 
practically remove them at pleasure, it is just 
that he should be so regarded. 

Pardoning Power. —The pardoning power is 
also vested in the President. To pardon is to 
relieve from punishment. When a person has 
violated a law of the United States and has been 
tried and found guilty he must suffer the pen¬ 
alty whatever it may be unless the President 


138 


ELEMENTARY CIVICS. 


pardon him entirely or lessen the punishment in 
some way. This power to relieve from punish¬ 
ment is a very delicate one and should be exer¬ 
cised with great care. If an innocent person 
has been convicted by some mistake he ought to 
be pardoned. If the punishment assessed 
against a guilty man is clearly too great he 
ought to be relieved from so much of it as is un¬ 
just. If a man were guilty and such changes 
have come about as to his health or other con¬ 
ditions as make it just to relieve him from fur¬ 
ther punishment it ought to be done. 

Powers in Connection With Treaties.—A 
treaty is an agreement between nations. Under 
our Constitution no state can enter into a treaty 
with any other state or country. Treaties be¬ 
tween the United States and foreign nations are 
made by the President and Senate. Just what 
part each takes in entering into a treaty seems 
not to be entirely settled. It is sufficiently ac¬ 
curate for our purpose to say that the treaty- 
making power is exercised by the President and 
the Senate together. 

Appointment and Removal of Officers.—The 

President selects and appoints, with the ap¬ 
proval of the Senate, all important officers in 
the United States Government except the Pres¬ 
ident and Vice President and the members 
of Congress. This is a very extensive and 


EXECUTIVE DEPARTMENT. 


139 


important power. If the President makes 
such appointment with reference solely to the 
public good, he can be of great service to the 
people in providing them with good and efficient 
officers. If, on the other hand, he forgets his 
duty to the people and appoints officers not so 
much with reference to the public good as to the 
wishes of his friends and supporters or to his 
own advantage, he can do the people great harm. 

All appointments to important offices made by 
the President must be reported by him to the 
Senate, to be by it confirmed or rejected. It is 
the duty of the Senate to investigate the fitness 
of the person appointed to the office. If he is 
found to be a suitable person for the office his 
appointment is confirmed. If the Senate does 
not consider him a suitable person, his appoint¬ 
ment is rejected and the President must ap¬ 
point'some one else. 

As a general rule the power to appoint an offi¬ 
cer carries with it the power to remove him from 
office. This is not true, however, if the office 
has a fixed term or is for life. 

Powers in Connection With Legislation. —The 
President has the power to send messages to 
either house and to recommend measures. He 
also has the power to veto any bill passed by 
Congress. These powers have been fully dis¬ 
cussed under the Legislative Department. 


140 


ELEMENTARY CIVICS. 


Military Powers. —The President 4 ‘is the Com- 
mander-in-Chief of the Army and Navy of the 
United States and of the Militia of the several 
states when called into the actual service of the 
United States.” In times of peace this author¬ 
ity is little exercised; but in times of war it af¬ 
fords very large opportunity and carries with 
it tremendous responsibility. The safety of the 
nation may depend upon the efficiency with 
which these powers are exercised. 

Plan of Succession. —The Constitution pro¬ 
vides that the Vice President shall take the place 
of the President when the latter ceases to exer¬ 
cise the powers and duties of his office. The 
Constitution makes no further provision as to 
presidential succession, but authorizes Congress 
to act upon the matter. Under the present law 
if the President and Vice President are both 
unable to act the right to act as President shall 
pass to the heads of several of the departments 
in the following order: Secretary of State, Sec¬ 
retary of the Treasury, Secretary of War, At¬ 
torney General, Postmaster General, Secretary/ 
of the Navy, Secretary of the Interior. 

Vice President. —The Vice President is elected 
in the same way as is the President, except that 
in the case of no election by the Electoral Col¬ 
lege, the Senate chooses the Vice President from 
the two candidates having the highest vote. Each 


EXECUTIVE DEPARTMENT. 


14 L 


Senator has a vote. A majority vote is neces¬ 
sary for an election. 

Duties of Vice President. —It is the duty of 
the Vice President to preside over the Senate. 
As before stated he has no vote in the Senate ex¬ 
cept in case of a tie, when he casts the deciding 
vote. 

Branches of the Executive Department.— 

There are nine branches in the executive depart¬ 
ment of our Government. These are Depart¬ 
ments of State, of the Treasury, of War, of 
Justice, of the Postoffice, of the Navy, of the 
Interior, of Agriculture and of Commerce and 
Labor. The principal officers in these Depart¬ 
ments are appointed by the President with the 
approval of the Senate. Each of these Depart¬ 
ments is in charge of a chief or head, called Sec¬ 
retary of the particular Department, except in 
the Department of Justice in which he is called 
the Attorney General and in the Postoffice, in 
which he is called the Postmaster General. 

President’s Cabinet. —The President’s Cabi¬ 
net is made up of the heads of these Depart¬ 
ments. They meet frequently, usually twice a 
week, and discuss important matters of state. 
They have no power to decide questions, but 
simply advise with the President. 

Work of These Departments. —Through these 
Departments is carried on an immense amount 


142 


ELEMENTARY CIVICS. 


of business which is increasing annually and 
promises to increase more rapidly in the future 
than it has in the past. 

There are a great many subordinate officers 
in each Department. For illustration the De¬ 
partment of the Postoffice has charge of all the 
postoffices and all the mail carriers throughout 
the United States and it is through this depart¬ 
ment that our efficient mail service is carried on. 
We do not come in as close contact with the work 
of the other Departments, but for all that they 
are constantly engaged in carrying on work of 
great practical importance both to the individual 
and the public at large, and which, if left un¬ 
done, would bring about very great inconven¬ 
ience. 


QUESTIONS. 

1. Who is the highest executive officer of the United 
States? What is his term of office? Is there any law regu¬ 
lating the number of times the same person shall be elected 
President? What is the custom as to this? 

2. Are the President and Vice President elected by a 
direct vote of the people? What is an Electoral College? 
How is the number of presidential Electors in each state de¬ 
termined? Where do the Electoral Colleges meet? How do 
the Electors vote? 

3. What is done with the votes of the Electoral Col¬ 
lege of each state? When, where and by whom are the 
electoral votes of the states counted? What proportion of 


EXECUTIVE DEPARTMENT. 


143 

the votes cast is necessary to the election of a president? 
If no person receives a majority of the votes for president, 
how is a president elected? 

4. State briefly the changes in the manner of electing 
a president which have been brought about by the organ¬ 
ization of political parties? 

5. What is the pardoning power? Who exercises this 
power in the United States Government ? 

6. What is a treaty ? Who make treaties in the United 
States ? 

7. What Federal officers does the President appoint? 
What is meant by these appointments being made subject 
to approval by the Senate? What is the general rule as to 
the power to remove an officer going with the power to 
appoint? What are the exceptions to this rule? 

8. What powers has the President as to securing legisla¬ 
tion desired by him? What is his veto power? For an¬ 
swers to these questions, refer to chapter X on Legisla¬ 
tive Department. 

9. What military power has the President? 

10. If the President dies or is, for any reason, unable 
to discharge the duties of his office, who takes his place? 
How is the Vice President elected? What duties are at¬ 
tached to the office of Vice President as such? Why is 
the Vice President allowed to vote only in case of a tie? 

11. How many branches of the Executive Department, 
are there? Give the official name and the head of each. 
What are these officers called collectively? 


144 


ELEMENTARY CIVICS. 


CHAPTER XIII. 

Judicial Department of the Federal Govern¬ 
ment. 

Introduction. —The J udicial Department is 
that Department of Government which inter¬ 
prets the laws and applies them to the conduct 
of individuals. The tribunals through which 
the people exercise these powers are called 
courts. The officer who presides over a court 
is called a judge. All the courts of a Govern¬ 
ment taken together, make up its judicial sys¬ 
tem. Each class of courts in such a system is 
authorized to try certain kinds of cases. In the 
trial of such cases the court acts for the people 
as their regular agents or representatives and 
the people are compelled to carry out the de¬ 
cisions which the court makes. 

If a court created for the purpose of trying 
certain cases should undertake to try other kinds 
of cases, such action would be outside its power 
and the people would not be bound to carry out 
its decisions. 

Classification of Courts. —The lawful power 
to try cases is called jurisdiction. Cases 
which a court is authorized to try are said 


JUDICIAL DEPARTMENT. 


145 


to be within its jurisdiction. Those cases 
which it is not authorized to try are said 
to be without or beyond its jurisdiction. The 
jurisdiction which each court has is granted to 
it by the law creating the court. 

The classification of courts is made upon the 
basis of their jurisdiction. They are classified 
first according to the nature and importance of 
the cases to be tried before them. For instance 
one class of courts tries civil cases and another 
class criminal cases. The importance of the 
case generally determines in which court it will 
have to be tried. Matters of small importance 
are tried in the inferior courts. Matters of 
greater importance are tried either in the 
County Court or the District Court. 

The other classification of courts in general 
is based on whether or not they are trial courts 
or courts of appeal. By trial courts is meant 
those courts in which cases are tided for the first 
time and such courts are spoken of as courts of 
original jurisdiction. Courts of appeal are 
courts which rehear cases which have been tried 
in the courts of original jurisdiction. 

Judicial Power of the United States. —As the 

Federal Government is one of eliuinerated pow¬ 
ers it follows that its courts caii only try such 
cases as are provided for in the Constitution. 


146 


ELEMENTARY CIVICS. 


Tlie Constitution declares that this power ex¬ 
tends : 

To all eases in law and equity arising under 
the Constitution and laws of the United States 
or treaties which shall be made under its author¬ 
ity. 

To all cases affecting Ambassadors and other 
public Ministers and Consuls. 

To all cases of Admiralty and Maritime juris¬ 
diction. 

To controversies to which the United States 
shall be a party. 

To controversies between two or more states. 

To controversies between a state and citizens 
of another state. 

To controversies between citizens of different 
states. 

To controversies between citizens of the same 
state claiming lands under grants from differ¬ 
ent states. 

To controversies between a state or citizens 
thereof and foreign states, citizens or subjects. 

Congress could not give to any Federal Court 
the power to try a case which does not deal with 
some one or more of the matters enumerated 
above. 

The two clauses under which most cases in 


JUDICIAL DEPARTMENT. 


147 


the Federal Court come are the first and seventh 
set out above. The first of these covers all cases 
in which either party to the suit claims any right 
under the Constitution of the United States or 
of any law passed by Congress. The second re¬ 
lates to controversies between citizens of differ¬ 
ent states. 

In business people are no respecters of state 
lines and those in one state often conduct busi¬ 
ness with those of another state. Thus a great 
many misunderstandings and disputes arise. All 
cases growing out of such disputes come within 
the judicial power of the Federal Government 
and most of them within the jurisdiction of the 
Federal Courts. It is not true, however, that all 
cases of either of these kinds named above may 
be tried in the Federal Courts. Congress could 
provide for the trial of all such cases in a Fed¬ 
eral Court, but in fact it has not done so. For 
example, there is no Federal Court that can try 
suits between citizens of different states unless 
the amount in controversy is as much as $3,000. 
Such cases must be tried in the state courts. 

Federal Judicial System. —Article III, Consti¬ 
tution of the United States, Section 1, provides: 
“The judicial power of the United States shall 
be vested in one Supreme Court and in such in¬ 
ferior courts as Congress may, from time to 
time, ordain and establish.” 


148 


ELEMENTARY CIVICS. 


Congress has passed several Acts providing 
such inferior courts as the interests of the coun¬ 
try seem to demand. The Federal judicial sys¬ 
tem now consists of the Supreme Court, pro¬ 
vided for in the Constitution, nine Circuit Courts 
of Appeal, a large number of District Courts, 
and in addition to these United States Commis¬ 
sioners, a number of Courts of Claims of differ¬ 
ent kinds, and Courts for the District of Colum¬ 
bia and United States Dependencies. 

We will not treat here of the courts by United 
States Commissioners, nor of the Courts of 
Claims, nor of the District of Columbia, nor in 
the Dependencies. 

We will reverse the order given above in con¬ 
sidering the others, beginning with the District 
Court and going upward. 

District Courts. —The most important Federal 
Court having original jurisdiction over the 
largest number of cases are the District Courts. 
These courts are held by some one or more of 
the Federal Judges. The Judge presiding may 
be either a District Judge, Circuit Judge or Jus¬ 
tice of the Supreme Court, but in any case he 
would be holding a district Court and could try 
only such cases as could be brought in a court 
of that class. 

These courts have the power and jurisdiction 
of courts of equity and also of courts of common 



JUDICIAL DEPARTMENT. 


140 


law. This distinction is very old in England. 
The reasons for its existence are historical 
rather than juridical. They are too technical 
and difficult to he discussed here. One or two 
differences as to the procedure in these courts 
should be pointed out. 

If a case is of such kind as to be classed as a 
suit in equity there can be no jury, but all ques¬ 
tions of law and fact are decided by the judge. 
Nor can the parties bring witnesses before the 
court to testify at the trial. All the evidence 
must be gotten and written down before an offi¬ 
cer and presented to the court in that way. In 
common law cases either party is entitled to a 
jury and the jury is always used in such trials 
unless both parties waive it in writing. In these 
cases witnesses are brought before the court and 
testify in the presence of the judge and jury. 
In criminal cases there is always a jury and the 
witnesses must be brought before the court. 

The kinds of cases most frequently tried in 
the District Courts are: (1) Cases in which 
there is as much as $3,000 involved and in which 
one of the parties claims some right under the 
Constitution or laws of the United States. (2) 
Cases in which there is as much as $3,000 in¬ 
volved and in which the parties are citizens of 
different states or countries. (3) Cases involv¬ 
ing copyright or patent rights. (4) Bank- 



150 


ELEMENTARY CIVICS. 


ruptcy eases. (5) Criminal eases for viola¬ 
tion of the laws of the United States. 

These are bv no means all the kinds of eases 
these courts may try, but they are those most 
frequently brought before them. Most of the 
cases tried in the District Courts may be taken 
to the Circuit Courts of Appeal for revision. 

Organization of a Court of Original Jurisdic¬ 
tion. —A court is a tribunal created by the peo¬ 
ple for the purpose of applying the general rules 
of law to the conduct of particular persons who 
are before it, and of deciding the legal rights 
of such persons. 

You will understand this better from an illus¬ 
tration. One of the general rules of law is that 
every man is entitled to the possession and use 
of his own property and that no one else should 
be permitted to take this property away from 
him. One man has a horse which was in his 
pasture. The owner misses it and after a while 
finds it, or a horse he thinks is it, in the pos¬ 
session of another man. The owner claims the 
horse and asks the other party to let him have 
it. The other man says this horse is his, and 
refuses to give it up. 

If there were no laws on the subject of owner¬ 
ship or if there were laws on that subject, but 
there were no one authorized by the people to 
find out the facts of this case and decide who 


JUDICIAL DEPARTMENT. 


151 


really owned the horse these men would be com¬ 
pelled to settle the matter in some way between 
themselves. They might do this peaceably or 
the stronger might take the horse away from the 
weaker whether it really belonged to him or not; 
or they might have a difficulty about 'it in which 
one or both would be killed. From this the 
whole community might get into a feud. On 
the other hand if there were some officer who 
had the authority and whose business it was to 
settle this dispute, the men claiming the horse 
could bring the case before him, this officer 
would find out to whom the horse belonged and 
give it to him and protect him in its possession 
and use. In this way the dispute could be set¬ 
tled peaceably and justly. The courts are the 
tribunals made and kept up by the people for 
the purpose of settling such disputes. 

We may, therefore, enlarge somewhat on the 
statement at the beginning of this paragraph 
and say: That a court is a tribunal or body of 
officers created and kept up by the people in ac¬ 
cordance with their constitution for the purpose 
of trying disputes between different persons 
about their legal rights and violations of these 
rights and of deciding wliat their rights are and 
of giving remedies to those who have been in- 
jured. 

The officers that make up a court are a 


152 


ELEMENTARY CIVICS. 


Judge, or Judges, for there may be one or more, 
a Clerk, a Sheriff or Marshal, Attorneys at Law 
and in many instances, Jurors. 

The Judge is the head of the court. He is its 
presiding officer and has the greatest authority 
and the largest responsibility of any other per¬ 
son connected with it. His authority is so much 
greater than that of any of the other officers or 
of all of the others taken together that he is 
spoken of as holding the court. He decides aH 
questions of law that come up in the trial of 
cases; tells all the other officers making up the 
court what their duties are and very often how 
they must perform them. He frequently de¬ 
cides questions of fact. 

In every case there are two kinds of questions 
to be decided. These are called questions of law 
and questions of fact. There can be no dispute 
about a legal right without having questions of 
both kinds involved. To state it differently in 
every such dispute one party to the controversy 
declares that there is a certain rule of law and 
that the other party has disobeyed it. The 
other party to the dispute must either deny that 
there is such a rule of law or that he has dis¬ 
obeyed it. He may, of course, deny both prop¬ 
ositions. Unless he does one or the other of 
these things there can be no dispute about the 
matter. 


JUDICIAL DEPARTMENT. 


153 


The dispute over the rule of law of course 
brings up for determination by the Judge what 
the law really is. The dispute as to whether or 
not the law has been disobeyed can not be set¬ 
tled until it is known what the party w T ho is 
charged with disobeying the law realty did. This 
involves a question of fact or it may be a num¬ 
ber of questions of fact. As stated to you, the 
Judge always decides all questions of law. He 
often decides questions of fact, but he does not 
always do so. There are different rules about 
this in different kinds of courts and often under 
different circumstances, in the same court. 

Whenever the rules are such that the Judge 
is not authorized to decide questions of fact, the 
court must be so organized as to have some one 
else to do so. The officers provided to pass on 
the facts are called jurors. Taken together they 
are called a jury. A jury, therefore, is a num¬ 
ber of men selected by a court, or under its au¬ 
thority, from the county or district in which the 
court is held, for the purpose of investigating 
questions of fact and deciding what is true. 
Juries are of two kinds—Grand Juries and 
Petit Juries. 

A Grand Jury is a number of men brought to¬ 
gether in a lawful way by a court whose duty it 
is to hear testimony as to the commission of 
crime in the county or district in which the court 


154 


ELEMENTARY CIVICS. 


is held and to make to the court written charges 
against all persons whom they have good reason 
to believe are guilty of any violation of the crim¬ 
inal law. A Grand Jury does not really try any 
case. It only inquires about supposed crime 
and if it finds sufficient reason for doing so, 
makes written charges against persons whom 
if believes to be guilty and files these charges 
with the court so that the persons accused may 
afterwards be tried in the proper court. 

The written charges which a Grand Jury 
makes are called Indictments or Presentments. 
The differences between these two kinds of 
charges are quite technical. Presentments have 
fallen into disuse and are now of very little im¬ 
portance. The Constitution of the United States 
declares that no person can be tried for a serious 
offense before any Federal Court unless he has 
first been indicted or presented by a Grand 
Jury. This is guaranteed by the Federal Con¬ 
stitution. 

A Petit Jury is a body of men selected by a 
court or under its authority to hear evidence 
and determine the facts of a case then being 
tried before the court. In some courts six men 
will constitute a jury, in others there must be 
twelve. Juries in all Federal Courts consist of 
twelve men chosen from the district in which the 
court is held. The conclusion reached by a jury 


JUDICIAL DEPARTMENT 


155 


as to the facts of a case and reported by it to 
the court is called a verdict. This is a word 
compounded from two Latin words and means 
a true speech. This is what all verdicts should 
be, a true speech by the jury concerning all the 
matters submitted to it. In reaching its con¬ 
clusions, a petit jury is governed by the instruc¬ 
tions regarding the law given it by the Judge. 
These instructions as to the law are called a 
charge. 

Procedure in Trial Courts. —Cases are pre¬ 
sented to the court by lawyers who represent 
the different sides and who make written state¬ 
ments of the facts for which each side contends 
and file them with the clerk of the court. These 
written statements are called pleadings. From 
the pleadings the court finds out what is to be 
tried and decided in the case. 

The facts in a case are brought before the 
court by the lawyers b}^ means of written testi¬ 
mony or the testimony of witnesses who know 
or claim to know the facts about which they 
testify. All testimony is called evidence. The 
evidence of each side must correspond to the 
pleadings of that side. That is, a lawyer can¬ 
not set up one set of facts in his pleadings and 
prove a different set of facts by his witnesses. 

When the facts are all in the lawyers argue 


156 


ELEMENTARY CIVICS. 


the case before the judge, or the jury, if there 
be one. 

If there is no jury the judge passes upon the 
law and the facts and decides who is entitled to 
win the case. If there is a jury it decides the 
facts, and the judge tells the jury the law of the 
case in a paper, which is called a charge. When 
the jury decides the case, it brings into court 
a written statement of its conclusions which is 
called a verdict. The lawyer whose side wins 
draws up a formal statement of what has been 
done in the trial and the result, setting out in it 
the rights of the parties as they have been de¬ 
clared by the judge and jury and this is entered 
upon the minutes of the court. This is called 
the judgment of the court. 

This judgment settles the rights of the parties 
to the suit and neither one can dispute or open 
up the settlement thus made unless he gets the 
judgment set aside by the court in which it was 
rendered or by a higher court to which he has 
taken the case in one of the ways provided by 
the law. 

New Trials. —The court which has tried a case 
may, for good cause, set aside the verdict and 
judgment which it has rendered and have the 
whole case tried over. This is very rarely done 
unless the party who loses the suit requests it 
and gives good reasons why it should be done. 


JUDICIAL DEPARTMENT. 


157 


If it is done it sets aside everything done in the 
first trial and the case must be tried over just 
as if no trial had ever taken place. 

Appeal or Writ of Error. —If the Court which 
tried the case will not give a new trial in most 
instances the losing party in the suit can take 
the case up to a higher court to have the way in 
which it was tried in the lower court investi¬ 
gated. If the higher court thinks that any erro v 
was committed by the lower court in trying the 
case and that such error was hurtful to the man 
who lost, it can set aside the judgment of the 
lower court and send the case back for another 
trial there. 

There are two ways of taking a case from the 
court in which it has been tried up to a higher 
court for revision. These are called, one, Ap¬ 
peal, and the other, Writ of Error. There are 
differences in these which ate very important 
in practice, but that need not be pointed out to 
you at this time. 

Circuit Court of Appeals.— The next Court in 
the Federal System is called the Circuit Court 
of Appeals. There are nine such courts. They 
are held by three Judges. Judges of the Supreme 
Court or Circuit Judges or District Judges may 
sit in them. This is the court to which most of 
the cases tried in the District Court, which 
are taken up for revision, must go. Some of 


158 


ELEMENTARY CIVICS. 


these are brought by appeal and some by writ 
of error. The practice in either case is much the 
same. No new pleadings nor new evidence can 
be brought into the case in this court. The trial 
consists in examining what was done in the Dis¬ 
trict Court and finding out whether or not that 
court’s action was proper. To enable the Court 
of Appeals to do this the clerk of the District 
Court in which the case was tried makes a cor¬ 
rect copy of all the papers and records filed in 
the case in his court which would throw any light 
on the matter in the Circuit Court of Appeals 
and sends this copy to the Circuit Court of Ap¬ 
peals. This copy is called a Transcript. After 
the transcript is filed the attorneys on each side 
of the case present to the court printed briefs. 
The brief for the appellant sets out the reasons 
why he wants the judgment of the lower court 
reversed and the case sent back for a new trial. 
The brief for the appellee sets out the reasons 
why this ought not to be done. 

The case can be heard in the Circuit Court of 
Appeals on these briefs or on the briefs and oral 
argument. If the court finds that there was ma¬ 
terial error in the case it will set the judgment 
of the District Court aside and send the case 
back for a new trial. If it does not find error'it 
will let the judgment stand as it was rendered in 
the lower court. Judgments sending cases back 


JUDICIAL DEPARTMENT. 


159 

for new trials are called reversals. Judgments 
sustaining the judgments of the District Courts 
are called affirmances. 

Supreme Court. —The Supreme Court of the 
United States is the highest court in this coun¬ 
try if not in the world, and consists of a Chief 
Justice and eight Associate Justices. Some of 
its jurisdiction is original and some is appellate. 
It has original jurisidction over 4 4 cases affecting 
ambassadors, other public ministers and con¬ 
suls, and those in which a state is a party.” This 
means that if any one has a law suit which he 
wishes to have tried against any representative 
of a foreign government, no matter how much 
or how little is involved in the suit, it must be 
brought in the Supreme Court of the United 
States. Also that if any one has the right 
to sue a state for any reason in a Federal Court, 
he must bring the suit in the Supreme Court of 
the United States. Not many suits of this kind 
can be brought. Those that can be are principally 
by one state against another. In the few in¬ 
stances in which a state as such is subject to suit 
in the Federal Courts the Supreme Court of the 
United States has jurisdiction. 

This court also has appellate jurisdiction in 
a number of cases that have been tried in the 
Federal District Courts and appealed to the Cir¬ 
cuit Court of Appeals, although there are a 


160 


ELEMENTARY CIVICS. 


great many cases in which the judgment of the 
Circuit Court of Appeals is declared to be final. 

The Supreme Court of the United States also 
has appellate jurisdiction over all cases that are 
tried in any state court in which one of the par¬ 
ties claims a right under the Constitution of the 
United States or an act of Congress or treaty, 
and this right has been denied him in a state 
court. 

This is done so that every case involving a con¬ 
struction of the Federal Constitution may be 
brought to the highest court, which, by its judg¬ 
ments, gives the s'ame meaning to the Constitu¬ 
tion in all the states. 

Procedure in case of appeal has been dis¬ 
cussed under the Circuit Court of Appeals. 

Federal Judges. —All Federal Judges are ap¬ 
pointed by the President with the approval of 
the Senate. They hold office for life but are sub¬ 
ject to removal by impeachment. The amount 
of their salaries varies but is determined by Con¬ 
gress. 


QUESTIONS. 

1. What is a court? What is a Judicial System? 
What is meant by the jurisdiction of a court? Whose 
powers does a court exercise when it tries a case within 
its jurisdiction? Why is an attempt by a court to try a 
case outside of its jurisdiction void? 


JUDICIAL DEPARTMENT. 


161 


2. What is a court of original jurisdiction? What is 
one of appellate jurisdiction? 

3. What is meant by the judicial power of the United 
States? Name as many as you can of the matters over 
which this power extends. 

4. What kinds of cases are most frequently tried in 
Federal courts? Can any Federal court try a suit be¬ 
tween citizens of different states where the amount in con¬ 
troversy is less than $3,000? Why? 

5. Name the courts in the present Federal judicial sys¬ 
tem. Which of these is named in the Constitution? By 
what authority are the others created? 

6. Which of the Federal courts has the largest original 
jurisdiction? Name the five classes of cases which are 
most frequently tried in these courts. To what court are 
cases, originally tried in these courts, appealed? 

7. Name the officers which usually compose a court of 
original jurisdiction. State the duties of a judge. What 
two kinds of questions must come up in every case tried? 

8. What is a jury? What are the duties of a Grand 
Jury? What is an indictment? What guarantee is there 
in the Federal Constitution as to indictments? What are 
the duties of a petit jury? What is a verdict? 

9. What are the pleadings in a case ? What is evidence ? 
What is a charge? What is a judgment? What is the 
effect of a judgment on the rights of the parties to a suit, 
which are passed on in it ? 

10. What is a new trial? What is an appeal or writ of 
error ? 

11. How many judges sit in the Circuit Court of Ap¬ 
peals? How many such courts are there? Is their juris¬ 
diction original or appellate? What is a transcript* 
What is a brief? What two kinds of judgments may such 
courts enter ? 


162 


ELEMENTARY CIVICS. 


12. How many judges compose the Supreme Court of 
the United States? What kinds of jurisdiction does this 
court have? Why may cases tried in state courts which 
involve the meaning of the Federal Constitution be carried 
to the Supreme Court of the United States? 

13. How are Federal judges selected? How long do 
they hold office? 


CHAPTER XIV. 

Restrictions and Guarantees in the Federal Con¬ 
stitution. 

Introduction. —Many of the provisions of the 
Federal Constitution are restrictive in their na¬ 
ture. That is, they limit power, whereas the 
other provisions give power. Some of these re¬ 
strictive provisions limit the powers of the Fed¬ 
eral Government, some those of the state Gov¬ 
ernments and some those of both. Restrictions 
in the Federal Constitution apply only to the 
Federal Government unless the Constitution ex¬ 
pressly says that they apply to the states. It is 
of the greatest importance to have such restric¬ 
tions. They are in part for the benefit of the 
governments, but their chief purpose is to pro¬ 
tect the rights of the people individually. 

Restrictions on the Federal Government Only. 
—Some of the most important restrictions on 


RESTRICTIONS AND GUARANTEES. 163 

tlie Federal Government protect the rights of 
the people. We will discuss briefly a few of 
these. 

Habeas Corpus.— The Federal Constitution 
declares that the writ of Habeas Corpus shall 
never be denied to anyone, except in case of re¬ 
bellion or invasion or when the public safety 
may require. The writ of habeas corpus is an 
ancient writ whereby any person restrained of 
his liberty by another may have the cause of his 
restraint heard and passed upon by a judge or 
magistrate. 

The Federal Constitution declares that this 
right is not to be denied to any one except in 
times of great distress or war. We will discuss 
habeas corpus more fully under State Govern¬ 
ment. 

Religious Rights. —The First Amendment to 
the Constitution protects the people in their re¬ 
ligious rights. Congress cannot establish a re¬ 
ligion or interfere with any person in his re¬ 
ligious worship, unless such worship interferes 
with the rights of others. 

Freedom of Speech and of the Press. —An¬ 
other provision restricting the powers of the 
Federal Government assures to the individual 
freedom of speech and of the press. A citizen 
of the United States may speak or publish what 
he pleases, unrestrained by Federal authority, 


164 


ELEMENTARY CIVICS. 


so long as he tells the truth and does not un¬ 
justly injure others by so doing. 

Manner of Charging With Crime. —No one 

can be tried in the Federal courts on a serious 
criminal charge except upon indictment or pre¬ 
sentment by a grand jury. A grand jury is a 
body of men selected by a court sworn and 
charged to inquire into violations of criminal 
law. An indictment or presentment is a written 
charge against any person presented by a grand 
jury to a court. There are some technical dif¬ 
ferences between the two, but these are of no 
consequence in this study. 

Former Jeopardy. —To jeopardize is to put in 
danger. The Federal Constitution declares that 
no person shall be twice put in jeopardy for the 
same offense. This means that a person must 
not be tried twice for the same crime. This and 
another guarantee in the Constitution forbid 
that a person shall be tried again for the same 
offense after he has once been tried and acquit¬ 
ted. This guarantee goes further than that. A 
man may be put in danger of punishment in a 
trial even though the trial was never completed. 
Hence if a trial against a person for a criminal 
offense has once been actually begun and is 
stopped before a verdict and judgment is 
reached in the case, the defendant cannot be 
again tried for the same offense unless the court 


RESTRICTIONS AND GUARANTEES. 


165 


had good legal reason for stopping the trial, or 
unless the defendant himself consented to its 
being stopped. If a defendant has been tried 
and convicted and then gets a new trial, either 
in the court trying him or in ;the Appellate 
Court, this guarantee has no application, and he 
can be tried again. 

Trial by Jury.—You have been told what a 
jury or petit jury is. The Federal Constitution 
declares that in all common law cases where 
more than twenty dollars are involved and in 
all criminal cases the right to a trial by jury 
shall remain inviolate. This means that in all 
such cases the parties shall have the right to be 
tried by a jury in the common law sense of that 
term. At common law a jury means a body of 
twelve men and all were required to agree on a 
verdict. 

Guarantees as to Evidence. —In all criminal 
cases the defendant is protected against being 
compelled to give evidence against himself. He 
is also entitled to be present when any witness 
testifies against him. This does not mean be¬ 
fore a grand jury, but when the case is on trial 
before the court. He is also entitled to compul¬ 
sory process to get his witnesses and to be repre¬ 
sented by counsel. 

The Tenth Amendment to the Constitution.— 

When the Constitution of the United States was 


166 


ELEMENTARY CIVICS. 


submitted to the different states for ratification 
there was a great deal of discussion as to what 
it meant and what its effect would be upon the 
powers of the states. A good deal of criticism 
was made because there was no express state¬ 
ment contained in the original Constitution on 
this last point. After the Constitution was rati¬ 
fied the Tenth Amendment was proposed in or¬ 
der to cure this defect. It is perhaps the most 
important restrictive provision found in either 
the original Constitution or any of its Amend¬ 
ments. 

It is in these words: “The powers not dele¬ 
gated to the United States by the Constitution 
nor prohibited by it to the states are reserved 
to the states respectively and to the people. ” 
Note the language. It speaks of the powers of 
the United States as delegated, and of the pow¬ 
ers of the states as reserved. To delegate is to 
give over from one person to another. To re¬ 
serve is to keep what one already has. Accord¬ 
ing to this Amendment, therefore, the powers 
of the United States Government are powers 
formerly possessed by some one else and given 
over to that Government in and by means of the 
Constitution, ^vhile the powers of the states 
were already in them. All of the powers orig¬ 
inally in the states, which they failed to delegate 
to the Federal Government by the Constitution, 


RESTRICTIONS AND GUARANTEES. 


167 


remained in them and the people unaffected by 
the Constitution. 

Restrictions Binding on the State Govern- 
ments Only. —The most important of the restric¬ 
tions that apply to State Governments only are 
also intended to protect the rights of individuals. 

Laws Impairing the Obligations of Contracts. 
—A contract is a legally binding agreement. 
The obligation of a contract is the power which 
a person to whom a legal promise has been made 
has to compel the one making him the promise 
to fulfill it. A State can pass no law which im¬ 
pairs or destroys this right. This provision does 
not apply to the Federal Government. 

Equal Protection of the Law. —The effect of 
this provision is to keep a state from making un¬ 
just discriminations between different individ¬ 
uals or classes of individuals. All must be dealt 
with alike under the law. This prevents unfair 
class legislation. 

Provisions Restrictive on Both Federal and 
State Governments. —There are a number of re¬ 
strictive provisions in the Constitution of the 
United States which apply both to the Federal 
and State Governments. Some of these were 
originally designed to have this double applica¬ 
tion and appear in the same provision, as in the 
Fifteenth Amendment, regarding suffrage. 


168 


ELEMENTARY CIVICS. 


Others are found in different sections, one affect¬ 
ing the Federal Government and the other the 
States. The provisions as to due process of law 
are of this kind; those applying to the Federal 
Government being in the Fifth Amendment, and 
those applying to the States being in the four¬ 
teenth. 

Ex Post Facto Laws. —An Ex Post Facto Law 
is one that undertakes to make punishable as a 
crime an act or omission which was lawful when 
it occurred, or to punish an act unlawful when 
committed more severely than it was punishable 
at the time of its commission. Neither the Fed¬ 
eral Government nor the states are allowed to 
pass such a law. 

Due Process of Law. —Due process of law 
means that a person whose right is to be judged 
of must be informed that action is to be taken 
against him and must also be informed of that 
with which he is charged. Then he must have 
reasonable opportunity to be heard in the trial. 
This is to protect one of our most important 
rights. 

Right to Vote. —No one can be denied the right 
to vote either by the Federal or state govern¬ 
ment on account of race, color or previous condi¬ 
tion of servitude. 

These are the most important restrictions 
made upon both governments. 


RESTRICTIONS AND GUARANTEES. 


169 


Guarantees. —In addition to the provisions in 
the Federal Constitution granting powers and 
those restrictive provisions already studied, this 
instrument contains certain Guarantees. These 
are largely for the benefit of the states, but some 
are for the protection of the citizens. 

Guarantees to the States. —The most impor¬ 
tant guarantees to the states found in the Fed¬ 
eral Constitution are the following:—“The Uni¬ 
ted States shall guarantee to every state in this 
Union a republican form of government, and 
shall protect each of them against invasion, and 
on application of the Legislature, or of the Ex¬ 
ecutive (when the Legislature cannot be con¬ 
vened), against domestic violence.’’ Article IV, 
Section IV, Constitution of the United States. 

“No tax or duty shall be laid on articles ex¬ 
ported from any state.” 

“No preference shall be given by any regu¬ 
lation of commerce or revenue to the ports of 
one state over those of another; nor shall ves¬ 
sels bound to or from one state be obliged to en¬ 
ter, clear, or pay duties in another.” Article I, 
Section 9, Clauses 5 and 6, Constitution of the 
United States. 

Republican Form of Government. —The states 
had been republican from their foundation. The 
Colonies had become fully satisfied that mon¬ 
archical government was not desirable. Hence 


170 


ELEMENTARY CIVICS. 


in entering into the Union and parting with so 
many of their sovereign powers they received 
the guarantee that they should each retain a 
republican form of government. In this connec¬ 
tion the word “republican” means substantially 
the same as “democratic.” These terms have 
already been discussed. 

Invasion and Insurrection. —The States enter¬ 
ing into the Union gave up their power to enter 
into treaties, to keep standing armies or engage 
in war. It was then natural that the Govern¬ 
ment to which they had given over these powers 
should undertake to exercise them in the pro¬ 
tection of the states. This is provided for in 
the Constitution and the Federal Government is 
pledged to protect the states in case of need. 

Invasion is the actual entry upon the territory 
of a state by hostile forces of a foreign govern¬ 
ment. Insurrection is the rising against the 
authority of the government by some of its citi¬ 
zens or subjects. 

In either invasion or -insurrection the state 
can protect itself so far as it is able, though it 
has the right to call upon the Federal Govern¬ 
ment for aid. In case of invasion the Federal 
Government should give protection without 
waiting to be requested to do so by the state. 
In cases of insurrection the Federal Govern¬ 
ment is not permitted to act until called upon by 


RESTRICTIONS AND GUARANTEES. 


171 


the state, through its legislature, if that body is 
in session, or through its Governor, if it is not in 
session. 

Guarantees as to Commerce. —The United 
States Government is forbidden to levy any tax 
on goods sent out of the United States, It is also 
forbidden to levy different charges for bringing 
goods into the United States or to make differ¬ 
ent charges for the ports of one state from those 
which are made for the same article in the ports 
of another state. Nor can Congress make any 
charge either for shipping out or receiving ar¬ 
ticles carried from one state to another. 

Relations of States to Each Other. —Article 
IV, Section 1, of the Constitution, is in these 
words: “Full faith and credit shall be given in 
each state to the public acts, records, and ju¬ 
dicial proceedings of every other state. And the 
Congress may, by general laws, prescribe the 
manner in which such acts, records, and pro¬ 
ceedings shall be proved, and the effect thereof.’’ 

This is a difficult clause to understand. Its 
general meaning is that Congress shall have 
power to say, first, how the acts of public officers 
of one state may be proved in another state, and, 
second, that when they are proved, the officers 
of the state in which the proof is made must re¬ 
ceive the proof and give such official acts of the 
officers of the other state due effect. 


172 


ELEMENTARY CIVICS. 


For illustration: If two men live in the same 
state and one sues the other and gets a judgment 
against him for a certain sum of money, and the 
debtor then moves into another state, the cred¬ 
itor could send a properly proven copy of the 
judgment into the state where the debtor had 
moved, and sue him on the judgment without 
having to go back of the judgment to prove the 
facts which showed the debt. 

Extradition of Criminals. —Under the Consti¬ 
tution criminals can be extradited from one state 
to another. This means that if a person com¬ 
mits a serious crime in one state, and before he 
is tried goes to another, that the Governor of the 
state where the crime was committed can ask 
the Governor of the state where the criminal is 
to let the officers of the state where the crime 
was committed come into the other state and 
bring the criminal back for trial and punish¬ 
ment. 

Privileges and Immunities of Citizens Within 
Other States. —There are two sections of the 
Constitution, or rather one section of the origi¬ 
nal Constitution and one in the Fourteenth 
Amendment, that relate to this subject. These 
two sections should be studied together. The 
first one is in these words: “The citizens of 
each state shall be entitled to all the privileges 


RESTRICTIONS AND GUARANTEES. 


173 


and immunities of the citizens of the several 
states.” Article IV, Section 2. 

The second says: “No state shall make or en¬ 
force any law which shall abridge the privileges 
or immunities of citizens of the United States.” 
—Fourteenth Amendment. 

The first of these gives protection to citi¬ 
zens of the state. The second to citizens 
of the United States. The first one for¬ 
bids either the state or the Federal Govern¬ 
ment to deny to citizens of any state the 
same privileges and immunities in any other 
state that the citizens of that state enjoy. The 
second does not affect the power of Congress, 
but only of the states. It forbids the states 
either to make or to enforce laws which deny to 
citizens of the United States any privilege or 
immunity to which they are entitled as such 
citizens. 

Privileges and immunities, in these clauses, 
do not mean all legal rights, hut only rights to 
life, liberty and property, and to equal protec¬ 
tion of the law. They do not include political 
rights, such as the right to hold office or to vote. 

Corporations are not citizens of any state or 
of the United States within the meaning of 
either of these clauses, and hence can claim no 
protection under either of them. 


174 


ELEMENTARY CIVICS. 


QUESTIONS. 

1. What does restrictive mean? What is a restrictive 
provision in a Constitution? Why are such provisions 
needed in a Constitution? What is the rule as to when such 
provisions in the Federal Constitution apply to the state 
governments ? 

2. What is a writ of habeas corpus? What advantage 
does the right to have this writ give to an individual? 

3. What restrictions are there upon the Federal Govern¬ 
ment as to the religious rights of individuals? 

4. What guarantee does the Federal Constitution give as 
to freedom of speech ? 

5. What is the meaning of jeopardize? What is the 
meaning of the clause in the Constitution forbidding sec¬ 
ond jeopardy? 

6. What is a trial by jury? In what kind of cases are 
jury trials guaranteed in the Constitution? How many 
men are required on a petit jury at common law? 

7. Can a person a’ccused of crime in a Federal Court be 
compelled to give evidence against himself ? What guaran¬ 
tee does the Federal Constitution give such a person as to 
getting his witnesses before the court? 

8. What is the purpose of the Tenth Amendment to the 
Constitution? How does it declare the powers of the 
United States were acquired? What powers does it de¬ 
clare are reserved to the states and the people? What do 
you learn from this amendment as to the nature of the 
powers of the United States? What as to the nature of the 
powers of the states? 

9. What is a contract? What is the obligation of a 
contract? Can a state legislature pass a law which takes 
away the obligation of a contract? Why? 


RESTRICTIONS AND GUARANTEES. 


175 


10. What is meant by equal protection of the law? 

11. What is an ex post facto law? Can such laws be 
passed in the United States? 

12. Give, generally, your idea of “due process of law.” 

13. What prohibition is there in the Fifteenth Amend¬ 
ment to the Federal Constitution against depriving persons 
of their right to vote? On whom is this binding? 


176 


ELEMENTARY CIVICS. 


PART FOUR. 


Government of States With Particular 
Reference to Texas. 


CHAPTER XV. 

The State Governments. 

Brief Review. —We have found that each of 
the thirteen states which formed the United 
States of America began its political existence 
as a separate colony planted by English subjects 
under the protection of the British Crown, and 
owing political allegiance to England. There 
was no organized connection between any of 
these colonies. Each was [politically distinct 
from every other. There existed between them, 
however, the ties of common race, common tra¬ 
dition and common religion. And perhaps more 
powerful than all these, the tie of common dif¬ 
ficulties and dangers. 

The colonies were at first largely dependent 
upon their Mother Country for supplies, and for 
protection from Indians and from European na¬ 
tions. As they increased in population and de¬ 
veloped in strength they became more independ¬ 
ent. England had been at considerable expense 




THE STATE GOVERNMENTS. 177 

in founding these colonies, and it was but nat¬ 
ural that as they grew in resources she should 
seek to repay herself for her expenditure. It 
was also natural that the King’s Parliament 
should not draw very sharply the line between 
just return for expenses and additional financial 
income, and hence that it should demand more 
than was due. England was practically impar¬ 
tial in her exactions from the colonies and in the 
manner of enforcing payment. Thus the griev¬ 
ances and dangers of one colony were the griev¬ 
ances and dangers of all. 

For these reasons the separate colonies united 
in declaring their independence of Great Brit¬ 
ain and in maintaining such independence on 
the battlefield. They were successful in this 
common enterprise and the rebellion of the colo¬ 
nies was by that success changed into the Revo¬ 
lution of the States. During this war they united 
in a Confederation, each still retaining its sov¬ 
ereignty unimpaired. Later, by the adoption of 
the Federal Constitution and the organization of 
the Union under it in 1789, they entered into the 
Federal State, which continues as the United 
States of America. 

We have treated at some length the nature 
and powers of this Federal State. We must now 
see the nature and powers of the separate state 
governments within this Union. The Federal 


178 


ELEMENTARY CIVICS. 


Government has sovereignty only over matters 
given to it by the states, in the Federal Consti¬ 
tution. The states retained their sovereignty 
over all matters not so given over. 

The Federal Constitution grants to the Uni¬ 
ted States Government control over all inter¬ 
national and interstate matters and over other 
matters which are of such nature that they af¬ 
fect the general well being of the whole Union. 
All purely local and domestic matters are left 
to the states. Therefore, important as the Fed¬ 
eral Government is, it is far from constituting 
the whole of our governmental institutions. The 
Government of the United States and that of 
the separate states mutually support and sup¬ 
plement each other. Each without the other 
would lack efficiency. Taken together they pos¬ 
sess and exercise all the duties and powers of a 
Unitary State and constitute the best form of 
Government the world has ever known. 

Political Subdivisions of a State. —As each 
state has control over all its domestic affairs it 
owes to the people the duty of providing means 
and agencies for their local government. It would 
be extremely inconvenient if not impossible 
to have all the courts in a state held at one 
place. The hardships on parties to suits and 
on witnesses and jurors would be too great. It 
would be equally inconvenient to have all the 


THE STATE GOVERNMENTS. 


179 


public records kept and all the taxes assessed 
and paid at one place. This inconvenience would 
arise in carrying on all other local matters. It 
is the duty of the Government to make and 
maintain good roads and highways over which 
the people can go and come as their business 
and pleasure may demand. If, however, all these 
public highways were under the control of one 
state officer there might be great discrimination 
and injustice. He might make good roads in 
some places and not in others. To prevent these 
difficulties the state divides itself into conven¬ 
ient subdivisions, giving each such powers as 
the interests of the public and of the people in 
each locality may require. The state gives to 
these subdivisions such names as it sees fit, and 
makes such laws concerning them as the gen¬ 
eral good demands. 

Counties. —In a majority of the states the 
most important of these subdivisions are called 
counties. In Louisiana they are called parishes. 
The name, county, is of English origin and in¬ 
dicates the territory belonging to a count. In 
England a county was usually composed of 
smaller subdivisions known as Towns and Hun¬ 
dreds. It is customary in the United States to 
divide counties into districts or precincts. These 
districts have different names in different states. 

The county is very important in our form of 


180 


ELEMENTARY CIVICS. 


Government. It is a subdivision made largely 
for convenience in carrying on state affairs and 
in enforcing state laws. It has but little power 
conferred upon it for its own benefit. 

Organization of Counties. —Counties are cre¬ 
ated by the state legislative authority. No com¬ 
munity can organize itself into a county with¬ 
out such authority or assume the rights and du¬ 
ties of one. The usual way in which counties 
are organized, is for the Legislature to subdi¬ 
vide the territory of the state. These subdi¬ 
visions must be of convenient size, with well de¬ 
fined boundaries. The inhabitants within each 
select a county seat, elect the proper county of¬ 
ficers and report these facts to the proper officer 
of the state. 

Courts, records, public roads and all other 
matters attended to through county officers are 
controlled by state laws and not by rules made 
by the county. 

County Officers. —In each county there are a 
number of officers elected whose duties are 
mainly executive and judicial. To these officers 
all matters affecting only their particular com¬ 
munity and all such state matters as can be at¬ 
tended to by local officers are given over. 

The usual county officers and their duties are 
as follows: The County Judge, who presides 
over the County Court in the trial of cases, and 


THE STATE GOVERNMENTS. 


181 


in matters relating to estates, called probate 
matters; a County Attorney, who is the lawyer 
who represents the state in litigation in the 
County and Justice’s Courts; a Sheriff, who is 
the chief executive officer and who keeps peace 
in the county and carries out the orders of the 
Governor and of the Court; a Tax Assessor, who 
assesses all taxes on persons and property with¬ 
in the county for both state and county pur¬ 
poses; a Tax Collector, who collects the taxes 
for both state and county; a County Treasurer, 
who receives, takes care of and pays out the 
county money; a County Clerk, who keeps the 
records of the County Court and records relat¬ 
ing to land and other property, marriages, 
births, etc; a County Superintendent of Public 
Schools, who has general charge over the pub¬ 
lic schools of the county; and a County Sur¬ 
veyor, who surveys public lands, public roads, 
etc. These are the officers usually provided by 
law, but the people, either in their Constitution 
or in some cases through the Legislature, can 
add such others or leave off such of these as 
they see fit. 

Political Districts. —It is necessary for some 
purposes, principally for the election of differ¬ 
ent kinds of officers, to have state political sub¬ 
divisions, sometimes larger and sometimes 
smaller than counties. The larger districts are 


182 


ELEMENTARY CIVICS. 


formed by combining as many adjoining coun¬ 
ties as may be necessary to make up a required 
number of inhabitants. These combinations are 
made for the election of legislative or judicial 
officers. To illustrate: A state may have a 
great many more counties than it has members 
in either branch of the State Legislature. The 
Legislature determines how many inhabitants 
are entitled to one Representative, and puts into 
one Representative District a sufficient number 
of counties to make up this required number. If 
a single county should have many more inhabi¬ 
tants than entitle it to one Representative, it is 
given two or more, as the case may be. The 
same is true in the election of State Senators, 
Representatives in Congress and some judicial 
officers. 

It is also more convenient for the people to 
have some political subdivisions smaller than 
counties. These are made by dividing the coun¬ 
ties into districts, or precincts, as they are some¬ 
times called in Texas. These precincts are the 
smallest political subdivisions of a state. The 
most common of these small divisions are voting 
precincts, justice precincts, commissioners’ pre¬ 
cincts and various kinds of school and local op¬ 
tion districts. 

Voting Precincts. —The number and size of 
the voting precincts in each county are usually 


THE STATE GOVERNMENTS. 183 

left to the. discretion of the Comity Board, or 
Commissioners’ Court, as that body is some¬ 
times called. In each of these precincts there is 
a polling or voting place where the legally qual¬ 
ified voters of the precinct cast their votes. It 
is within these precincts that the primary elec¬ 
tions and precinct conventions of political par¬ 
ties are held. 

Justices’ Precincts. —Each county is divided 
into several precincts, usually called Justices’ 
Precincts, in each of which there is a trial court 
for small cases. The presiding officer of this 
court is a Justice of the Peace, and the execu¬ 
tive officer is called a Constable. These courts 
are of great advantage to the people, as they 
give convenient and reasonably prompt means 
of settling the less important disputes, both 
civil and criminal, which arise in the neighbor¬ 
hood. 

Commissioners’ Precincts. —These are divis¬ 
ions of a county usually larger than Justice Pre-^ 
cincts, made for the purpose of electing County 
Commissioners, one Commissioner being chosen 
from each such precinct. These Commissioners 
have charge of all county business, such as build¬ 
ing and keeping up courthouses and jails, laying 
off and working the public roads, levying county 
taxes, passing on and ordering paid all claims 


184 


ELEMENTARY CIVICS. 


against the county for debts, and taking care of 
the paupers in the county, etc. 

School Districts. —School Districts are subdi¬ 
visions of a county made for convenience in or¬ 
ganizing and carrying on the different kinds of 
public schools. 

Cities and Towns. —Experience shows that for 
both business and social purposes people will 
come together in large numbers within small 
spaces. This massing of population creates a 
necessity for better and special means of pro¬ 
tecting private rights and supplying public 
needs. The people in such thickly settled places 
must have better highways, better health rules, 
better protection against fire and against crime 
and larger and better means for getting water, 
light and transportation. These and many other 
matters just as important, and yet local in their 
nature, make it necessary to have additional or¬ 
ganization of the community in which these 
needs exist. To meet these conditions these 
thickly settled districts are organized into po¬ 
litical units known as Cities or Towns. Making 
Cities or Towns into political organizations is 
called incorporating them, and Cities and Towns 
when incorporated are called Corporations, or 
sometimes Municipal Corporations. These Cor¬ 
porations are more for local than for general 
purposes, that is, they are created more for the 


THE STATE GOVERNMENTS. 


185 


special convenience, advantage and protection 
of their inhabitants than for that of the state at 
large. The powers given them and the duties 
imposed on them correspond with these facts. 

Methods of Incorporating Cities and Towns.- 
There are two general methods of incorporating 
Cities and Towns. First, by the passage of gen¬ 
eral laws providing for their creation and stat¬ 
ing how such corporations shall be made, what 
powers they shall have, what duties they shall 
owe and giving the inhabitants of any thickly 
settled place the right to combine themselves 
into such a corporation. The second method is 
by direct or special Act of the Legislature cre¬ 
ating a particular City or Town. The first 
method is called chartering under the general 
law, and the second chartering under a special 
charter. 

Powers and Duties of Cities and Towns. —In 

whichever way a City or Town is created it has 
such powers and owes such duties as its char¬ 
ter prescribes. The government of such corpo¬ 
rations is local. The usual officers are, a Chief 
Executive, known as a Mayor, a taxing officer, 
officers who keep public records, others who keep 
the public funds, a City Board, known as Coun- 
cilmen, Commissioners or Aldermen, officers 
having local judicial authority and police offi¬ 
cers. Cities and Towns have very little legis-, 


186 


ELEMENTARY CIVICS. 


lative power but what they have is exercised 
by the City Board. Their legislative acts are 
local and cannot conflict with the general laws 
of the state. The power of the judicial officers 
of a City or Town is limited to the enforcement 
of city ordinances and state laws against small 
offenses. City officers are usually elected by the 
people of the City, though sometimes some of 
them are appointed, usually by the Mayor or 
City Board. 

Important Political Powers of the State.— 

Among the most important powers retained by 
the state are the Taxing Power, Power of Emi¬ 
nent Domain and Police Power. 

Taxation, —A state has the power to tax every 
person or thing within its territory, unless it is 
forbidden to do so by the Federal Constitution. 
That instrument forbids the state to levy im¬ 
posts on imports or exports for revenue pur¬ 
poses, or to levy any duty on tonnage. Neither 
can the state tax the officers or agencies through 
which the Federal Government is performing 
its duty. Nor can they tax interstate commerce, 
as neither of these is within the state’s jurisdic¬ 
tion. There is no express denial of these last 
two powers, but the denials are implied. The 
first because to let the state tax Federal agen¬ 
cies would put the Federal Government under 
the control of the states. The second, because 


THE STATE GOVERNMENTS. 


187 


the control of Congress over such commerce is 
exclusive. However, a state can tax property 
within it though it is used in interstate com¬ 
merce. The application of these rules is often 
hard to make, but the rules themselves are well 
settled. 

Eminent Domain. —The state has the Power 
of Eminent Domain and can exercise it for its 
own benefit, for the benefit of its political sub¬ 
divisions, or for the benefit of persons or of cor¬ 
porations engaged in public business, such as 
the operation of railroads, waterworks, tele¬ 
graph and telephones and similar public utili¬ 
ties. Property taken under this power must 
always be paid for, as it would be unjust to put 
all the expense of supplying the public on one 
person. 

Police Power. —Each state retains Police 
Power over all its internal affairs. Under this 
power it may take any action that may be neces¬ 
sary to protect its inhabitants in their health, 
morals or safety. A very interesting case, show¬ 
ing the nature and exercise of this power, oc¬ 
curred some years ago in Mississippi. The leg¬ 
islature, for a sum of money paid to the state, 
and for a share of the proceeds of the business 
chartered a lottery company. This company 
organized, made the cash payment and began to 
operate. For years it continued, taking in large 


188 


ELEMENTARY CIVICS. 


sums of money and paying over to the state its 
share. Later the people of Mississippi con¬ 
cluded that lotteries were immoral and had the 
law chartering this company repealed. The 
company refused to stop its business, on the 
ground that its charter was a contract, and that 
the state was forbidden to take any action im¬ 
pairing the obligation of contracts. The trial 
court upheld the repealing act on the ground 
that a lottery is immoral, and that a state cannot 
take from itself the power to forbid any act 
which is hurtful to the morals of its people. The 
Supreme Court of the United States held that 
this decision was right and lawful. In other 
words, the Supreme Court of the United States 
holds that the Police Power of a state is a sol¬ 
emn trust which cannot be bargained away by 
a legislature in such a way that it cannot be re¬ 
called and exercised. 


QUESTIONS. 

1. How many states originally constituted the United 
States of America ? How had these states originated ? 
What did they have in common? What was the nature of 
the first government into iwhich hll of them entered? 
What do we mean by saying that the present United States 
is a Federal Government? 

2. State, in general terms, the nature of the matters 
which are given over to the United States under the pres- 


THE STATE GOVERNMENTS. 


189 


ent Constitution. State generally, the nature of the matters 
reserved to the states. 

3. Why do states make political subdivisions within 
themselves. What name is given to the most important of 
these subdivisions? 

4. By whom are counties created? How are they usu¬ 
ally organized? Name the most important county officers, 
giving briefly the duties of each. 

5. How are political districts formed? Name some of 
the purposes for which such districts are created. 

6. What is a voting precinct? Why should such pre¬ 
cincts be small? 

7. How are justices’ precincts formed? What is the 
purpose of such precincts? Who holds the justices’ courts? 

8. What is a Commissioner’s precinct? Why do we 
have them? 

9. What is a school district? Why do we have them? 

10. Why is it necessary to have cities and towns ? What 
do we call the process by which cities are made? What are 
the two ways of incorporating cities ? 

11. How would you find out what powers a city had 
and what duties it owed to the public ? What are the usual 
officers in a city government? Who passes the ordinances 
of a city? On what subjects can a city pass ordinances? 
If a city ordinance and a state law conflict, which will con¬ 
trol? 

12. Name some of the most important powers of a 
state. 

13. What is a tax? (See page 44.) What limitations 
are there on the taxing powers of a state? Why can not a 
state tax the salary of a Federal officer ? 

14. What is the power of Eminent Domain ? For whose 
benefit can such power be exercised? Why must compen¬ 
sation be made for property taken under this power? 


190 


ELEMENTARY CIVICS. 


CHAPTER XVI. 

Brief Historical Sketch of Government in Texas. 

Early Claims. —In the early settlement of the 
country the territory now included in the State 
of Texas was claimed by both France and Spain. 
France owned Louisiana, extending from the 
Mississippi westward. Spain owned Mexico, 
extending from the country now known by that 
name east and northward. These two sovereign¬ 
ties could not agree upon the boundary line be¬ 
tween them. 

In 1803 the United States bought Louisiana 
from Spain. She was unable to agree with Spain 
as to the boundary between Louisiana and Mex¬ 
ico, which would also be the boundary of Texas, 
as Texas was the northeast province of Mexico. 

In 1819 the United States bought Florida from 
Spain. As part of the agreement Spain gave up 
all claim to any territory east of the Sabine 
River. That river has since been the boundary 
between Louisiana and Texas, at least for a con¬ 
siderable distance from its mouth inland. 

Mexican Revolution. —Early in the nineteenth 
century the Mexicans began a revolution against 
Spain. In 1824 they succeeded in this revolu¬ 
tion and established the Republic of Mexico. 


HISTORICAL SKETCH. 


191 


They adopted a written Constitution forming a 
democratic Federal Government very much like 
that of the United States. 

Texas in the Mexican Republic. —Texas and 
Coahuila together formed a state in the Mexi¬ 
can Republic. They had one legislative body, 
called the Congress of Coahuila and Texas, one 
Governor and the same judicial system. In this 
combined state the Mexicans greatly outnum¬ 
bered the Americans. 

In their Congress there were ten members 
elected from the portion of the state known as 
Coahuila and only two from Texas. 

In forming the Republic in 1824, the Texans 
had been promised that so soon as the popula¬ 
tion within the boundaries of Texas was suffi¬ 
cient to keep up a state government they should 
be divided from Coahuila and made a separate 
state, with their own Congress, Governor and 
judicial system. 

Colonization of Texas. —At an early time the 
Spanish and Mexican governments had been 
anxious to have Texas settled, and they made 
many efforts to do this. Shortly after the Re¬ 
public was established they adopted the plan of 
colonizing the state. This plan was carried out 
by giving persons who had money and influence 
the privilege of bringing in settlers from the 
United States and establishing them in different 


192 


ELEMENTARY CIVICS. 


communities or colonies within stated bounda¬ 
ries. The Government gave to the leaders large 
grants of land, and these the leaders would di¬ 
vide among the different colonists who came in 
and settled the country. By this plan a com¬ 
paratively large number of Americans were in¬ 
duced to come. 

While these colonies were being established 
numbers of people in the older states were form¬ 
ing groups and coming out to Texas on their own 
account. It was not long before there were quite 
as many if not more Americans in Texas than 
there were Mexicans. The Government, how¬ 
ever, was still Mexican in character, and most of 
the offices were filled by Mexicans. The Amer¬ 
icans were dissatisfied with these conditions. 
They wanted to be governed by laws and have 
their rights tried in courts and enforced by offi¬ 
cers more like those they had been accustomed 
to in their homes in the United States. 

Disturbances in Mexico. —The plan of Gov¬ 
ernment provided for in the Constitution of the 
Bepublic of Mexico was good if it had been car¬ 
ried out. The Mexicans did not seem able to 
do this. First one leader, then another would 
arise, who, as soon as he had sufficient power, 
would disregard the Constitution and set up a 
government to suit himself. Other leaders 
would resist him, and the country was in a state 


HISTORICAL SKETCH. 193 

of continual dissension amounting to insurrec¬ 
tion. Most of this trouble was in the central 
states of the Republic and near the City of 
Mexico. 

Effect in Texas. —Communication between 
Texas and the City of Mexico at that time was 
slow and dangerous, so that it was difficult for 
the people of Texas to find out just what was 
going on. They knew that the Constitution was 
not being followed and that ambitious leaders 
and military men were using the Government 
for their own advantage instead of for the good 
of the people. These conditions made them very 
uneasy and added greatly to their dissatisfac¬ 
tion with their state government. 

They began to hold Conventions or Consulta¬ 
tions, where they would meet and discuss what 
was to be done. The Texans then believed that 
if they could have a separate state government 
that this would be all they would need. The 
first of these Consultations insisted only upon 
the separation of Texas and Coahuila. At least 
two Conventions, one held in 1832, and the other 
in 1833, very earnestly tried to get relief in this 
way. The last of these sent Stephen F. Austin 
to the City of Mexico to induce the Mexican au¬ 
thorities to give Texas separate statehood. The 
Mexicans put him in prison and kept him there 
for two years. 


194 


ELEMENTARY CIVICS. 


Santa Anna’s Usurpation. —In 1832 the Mex¬ 
icans who favored the government under the 
Constitution of the Republic began a movement 
to re-establish the Republic. They chose Santa 
Anna as their leader, but as soon as he had over¬ 
thrown the former usurper he himself took 
charge of the Government and in a short while 
made himself a Military Dictator. Having over¬ 
come the central states he started northeast¬ 
ward to subdue the states of Zacatecas and of 
Coahuila and Texas. This was in 1835. Hav¬ 
ing overcome all resistance in Zacatecas he then 
moved against Texas. 

Consultation of 1835.— In the fall of 1835, 
shortly after the return of Austin from Mexico, 
and while Santa Anna was carrying on his mili¬ 
tary operations, a call was made by a number 
of Texans for a general Consultation. This was 
to be a meeting of representatives from all the 
communities, or as they called them, Municipal¬ 
ities, to be held at San Felipe de Austin, the 
Capitol of Austin’s Colony. The representatives 
selected by the people met on November 3rd, 
1835, and the Consultation was organized. This 
body was larger and more representative than 
any of the former Conventions, still there were 
a number of large settlements which did not 
send delegates. 

Some of the delegates wanted only to separate 


HISTORICAL SKETCH. 


195 


Texas from Coahuila, and still stay in the Re¬ 
public of Mexico. Others wanted to separate 
entirely from the Mexicans in every way, and 
have an independent Republic. 

They finally concluded not to establish a sepa¬ 
rate Republic, but to insist upon separate state¬ 
hood. 

Provisional G-overnment. —As the Consulta¬ 
tion concluded to remain in the Mexican Repub¬ 
lic as a separate state it went forward and or¬ 
ganized a temporary State Government. This 
government was only to last until the Republic 
of Mexico would consent to the separation of 
Texas from Coahuila, and a regular state gov¬ 
ernment for Texas could be formed. This tem¬ 
porary government was known as the Provis¬ 
ional Government. It was composed of a Gov¬ 
ernor, a Lieutenant Governor and a Council. 

In the meantime Santa Anna was coming 
northeastward with his army, and the Consulta¬ 
tion authorized the Provisional Government to 
raise an army to resist this invasion. Steps to 
do this were taken and General Sam Houston 
was given the command. 

Convention of 1836.— It became more and 
more apparent that the plan for separate state¬ 
hood in the Mexican Republic could not be car¬ 
ried out. In December, 1835, the Governor and 
his Council called another Convention to meet 


196 


ELEMENTARY CIVICS. 


in Washington, Texas, on March 1, 1836, to de¬ 
cide what further steps the Texans should take. 
Delegates were elected from almost all of the 
large settlements. These met on the day and at 
the place named. They were a sturdy body, who 
could bring things to pass. On the following 
day they declared Texas to be a free, sovereign 
and independent Nation. They remained in 
session in order to prepare a permanent Consti¬ 
tution for this independent Republic. As the 
majority of the best citizens were then in the 
army, the Constitution could not be submitted 
to them for acceptance or rejection, nor could 
they take part in any Governmental affairs. It 
was therefore necessary for the Convention to 
provide a plan for carrying on the affairs of 
Government until an election could be held by 
the citizens. The preparation of these two pa¬ 
pers, the Constitution and the plan of the tem¬ 
porary government, detained the Convention un¬ 
til March 17. At that time it adjourned and 
most of its members joined Houston’s army. 

Military Operations. —In the meantime the 
Alamo had fallen with the slaughter of Travis 
and his two hundred men. Fannin and his sol¬ 
diers had been massacred at Goliad. Houston 
had reached Gonzales on March 11, and, being 
informed of the fall of the Alamo, had begun to 
retreat eastward. This eastward march contin- 


HISTORICAL SKETCH. 


197 


ued with little interruption, with Santa Anna in 
rapid pursuit, until April 21, when the two ar¬ 
mies met on the battlefield at San Jacinto. It 
was here that Texan independence, which had 
been declared at Washington was won. The 
Republic of Texas then took her place among 
the nations of the world. 

Government ad Interim. —The temporary 
government established by the Convention of 
1836 was to have control until the Constitution 
proposed by that Convention could be adopted 
by the people and the government provided 
for in it should be organized. Ad interim 
means in between. As the temporary gov¬ 
ernment came in between the Texas Declaration 
of Independence and the permanent government 
established under the Constitution it is called 
the Government Ad Interim. 

The Government Ad Interim consisted of a 
President and his Cabinet. David G. Burnet 
was selected and installed as President. He and 
his Cabinet took charge of affairs and carried 
them on as best they could under the circum¬ 
stances then existing. It took some time after 
the battle of San Jacinto to get the public af¬ 
fairs so nearly settled that the army could safely 
be disbanded. Most of the citizens, therefore, 
were not permitted to go home, so a vote on 
the Constitution could not be taken at once. An 


198 


ELEMENTARY CIVICS. 


election was called for September 1st, 1836, at 
which the people were to vote upon the adop¬ 
tion of the Constitution, and also for the officers 
provided for in it. If the Constitution should 
be adopted the officers could at once qualify and 
organize the Government. If the Constitution 
should be defeated the vote for officers would be 
of no effect. 

QUESTIONS. 

1. What two European countries claimed Texas at the 
time of its earliest settlement? How was the boundary be¬ 
tween Louisiana and Texas finally settled and where was it 
located ? 

2. When was the Mexican Republic established ? What 
government did this Republic resemble? With what other 
Mexican province was Texas combined in this Republic? 
What was the name of the state formed by them? 

3. Were there more Mexicans or Texans in this state? 
What was their law-making body called? Of how many 
members did it consist? How many were to come from 
Coahuila and how many from Texas? What prospect did 
Texas have of getting laws suitable to her from this con¬ 
gress? What promise was made Texas as to separation 
from Coahuila? 

4. Describe in brief outline, the Mexican plans for col¬ 
onizing Texas. How did these succeed as to bringing in 
Anglo-American settlers? Why were these settlers dissatis¬ 
fied with the conditions they found in Texas? 

5. Did the Mexicans carry out the provisions of the 
Constitution of the Republic? How was the Constitution 
disregarded? What effect did the conditions in Mexico 


HISTORICAL SKETCH. 


19!) 


have on the Texans? What relief did they contemplate at 
the beginning of their troubles? 

6. What usurper finally conquered Central Mexico and 
began an invasion of the Northeastern States of the Re¬ 
public? When was this? About what time did he ap¬ 
proach the border of Texas? 

7. What important meeting was held by the Texans in 
the fall of 1835? What remedy did this convention pro¬ 
pose? Why did they provide for a temporary separate 
state government for Texas? By what name was this gov¬ 
ernment known? What were the principal officers in this 
government? What did it do with reference to Santa An¬ 
na’s invasion? 

8. Did Mexico fulfill its promise to give Texas separate 
statehood ? 

9. What important body was called by the Provisional 
Government to meet on March 1, 1836? Did it meet? 
What action was taken by it on the 2nd of March? What 
two other important papers did this convention prepare? 
Why was it necessary for it to plan for two governments? 
Why could not the Constitution be submitted to the peo¬ 
ple at once? Why is the temporary government, created 
by this convention, called the “Government ad interim?” 
Of what officers did this government consist? Why was 
the chief executive in the Provisional Government called a 
Governor, while the chief executive in the Government ad 
interim was called a President? 

10. What was the nature of the government provided in 
the Constitution prepared by this convention? Cover the 
following points: (a) Was it Monarchical, Aristocratic or 
Democratic? (b) Was it Unitary, Confederate or Fed¬ 
eral ? Give reasons for your answers. When was the 
vote on the adoption of the Constitution of the Republic 
taken? What was the result? 


200 


ELEMENTARY CIVICS. 


CHAPTER XVII. 

Brief Historical Sketch of the Government of 
Texas.—Continued. 

i 

Republic of Texas. —The Constitution was 
adopted almost without opposition, and Sam 
Houston was elected President. The first Con¬ 
gress under the Republic assembled the follow¬ 
ing October, and the new Nation was fully or¬ 
ganized in all its departments. 

The Government thus organized was National 
in its nature. It was a Unitary State in the 
fullest sense, possessing in itself all the powers 
of sovereignty which 'in the United States are 
divided between the Federal Government and 
the governments of the States. Its constitution 
was modeled to some extent after that of the 
United States, though the differences just point¬ 
ed out are very clear. The three departments 
of government were recognized, and it was pro¬ 
vided that no officer in any of them could exer¬ 
cise any power properly belonging to any other. 

The chief executive was called a President. 
His cabinet consisted of a Secretary of State, 
Secretary of War, Secretary of the Navy, Sec- 


HISTORICAL SKETCH. 


201 


retary of the Treasury, and an Attorney Gen¬ 
eral. 

The legislature was called the Congress, and 
consisted of two houses, the Senate and the 
House of Representatives. 

The Judicial Department consisted of a Su¬ 
preme Court, District Courts, County. Courts, 
and Justices’ Courts. Original jurisdiction was 
divided among the last three; the Supreme 
Court had appellate powers only. 

Jurisprudence of Texas. —Spain is a civil or 
Roman law country. For this reason the Ro¬ 
man law, as modified by Spain and Mexico, 
was in force in Texas when Texas achieved her 
independence. The Anglo-Americans were all 
from English common law countries, and pos¬ 
sessed the habits of life, mental training and 
political traditions belonging to such countries. 
The responsibility of founding a system of laws 
was great, and the Texans set themselves de¬ 
liberately and patriotically to the task. The 
founders of the Republic chose wisely between 
these two systems of laws, the Roman and the 
English. Laws relating to the family and the 
rights and duties of the husband and wife 
which had been modeled after the Roman laws 
they left almost unchanged. Laws pertaining 
to land and land titles they changed but little, 
but laws relating to less permanent things they 


202 


ELEMENTARY CIVICS. 


altered greatly, thus combining what seemed 
best to them in the two systems. 

Original Legislation in Texas. —Besides se¬ 
lecting the best from each of the old systems of 
law these Texas statesmen originated some very 
important governmental policies. Among these 
is the homestead law. Under the Roman and 
the common law all that a debtor had could be 
seized and sold for his debts. Even the bed¬ 
ding of his family, their food, or their fuel, 
could be taken, and, under the common law at 
least, in addition the debtor himself could be 
put in jail until the debt was paid. Texas de¬ 
clared in its Constitution of 1836 that no man 
should be imprisoned for debt, and its Congress 
in 1839 exempted from forced sale a small por¬ 
tion of personal property and, if the debtor had 
a family, a home. It further provided that on 
the death of the debtor these privileges and ex¬ 
emptions should continue for the benefit of his 
family. This home, free from seizure for debt, 
was to be the refuge for the unfortunate and liis 
family, the hearth-stone where, in spite of ad¬ 
verse fortune, children could be reared who 
would be filled with love of country and who 
would be ready to live in its service or die in 
its defense. 

This policy needs no higher praise than to 
state that it has been adopted in nearly all of 


HISTORICAL SKETCH. 


203 


the forty-eight states of the Union and that no 
state which has adopted it has ever given it up. 

Success of the Republic. —The independence 
of Texas was recognized by the United States 
in 1837. Not long after that it was recognized 
by France, a little later by England, and soon 
by all the civilized nations. 

The Republic had many and great difficulties, 
most of which were due to want of money. 
Neither the Government nor the people had the 
cash with which to operate. The principal re¬ 
sources of the Republic were her extensive 
lands, so she adopted the policy of encouraging 
their settlement and development. This is shown 
in almost all the legislation of the times. Large 
tracts were offered to heads of families who 
would come to the Republic and settle. Smaller 
tracts were given to unmarried men. Homes 
made on these lands were exempted from sale 
for debts. 

It was often difficult to tell just where a 
particular tract of land was located. In 
many parts of the Republic it was dangerous 
to go upon the land and live. For these rea¬ 
sons if a man settled upon another man’s land 
by mistake the Republic favored the actual set¬ 
tler. Laws were passed which gave to the man 
who actually lived upon the land for a stated 
period, title to it or at least the right to hold it 


204 


ELEMENTARY CIVICS. 


against the real owner. If a settler who acted 
in good faith took possession of land belonging 
to another and stayed on the land for a year, 
making improvements on it, he could get pay 
for these improvements from the owner, al¬ 
though this was too short a time to give him 
the land. This policy of protecting the actual 
settler was a wise one and has been justified by 
the results. 

Texas as a State Prior to the Present Consti¬ 
tution. —In 1845 Texas was annexed to the Uni¬ 
ted States and became one of the States of the 
Union, having the same rights and privileges 
and owing the same duties as one of the original 
Thirteen. 

Its first Constitution as a State was adopted 
in 1845, and the first State Government was 
organized in February, 1846. This State Con¬ 
stitution was very like the Constitution of the 
Republic. It made no provision for the exer¬ 
cise of national powers, as all such powers 
passed to the United States by annexation. It 
established a republican form of government. 
The three departments of government were sep¬ 
arated, each having the powers generally recog¬ 
nized as belonging to it. 

The Legislature consisted of two houses which 
had powers and organization similar to those 
under our present Constitution. The Chief 


HISTORICAL SKETCH. 


205 


Executive was called the Governor. All the 
Cabinet offices which existed under the Repub¬ 
lic, except the Secretary of War and of the 
Navy were retained. The duties of all these 
officers were the same as before except those of 
the Secretary of State. His were very much 
lessened because he no longer had anything to 
do with foreign nations or any diplomatic af¬ 
fairs. The judicial department was very much 
like that under the Republic, though a few al¬ 
terations were made. 

Secession. —After 1845 there were no import¬ 
ant changes in the Constitution of Texas until 
the State adopted the Ordinance of Secession in 
1861. The Constitution was then amended so 
as to meet the new conditions. No other changes 
worthy of note were made at that time. As 
these changes took place in 1861 this amended 
Constitution is known as the Constitution of 
1861. 

Reconstruction. —This is a difficult period of 
our history. The Southern States had affirmed 
their right to withdraw from the Union. This 
had been denied by the states of the North. In 
the appeal to arms the North had been victori¬ 
ous. The right to secede was thus disproved. 
What was the status of the States which had 
attempted to secede and failed ? Were they 
still members of the Union, entitled to all the 


206 


ELEMENTARY CIVICS. 


privilges belonging to such membership? Were 
they conquered territory, subject to absolute con- 
trol by the victors ? Did they occupy some inter¬ 
mediate position ? Who was to decide these most 
important questions? Logically the Federal au¬ 
thorities undertook to answer. Who among 
them had the right of determination? Should 
it be the President or Congress? The first ac¬ 
tion was taken by the President, but the power 
of control was finally assumed by Congress. It 
exercised this power by finally placing the 
South under military rule, enforced by the offi¬ 
cers of the army. All civil authorities during 
this period were subordinated to the officers of 
the Army. 

The President is the Commander-in-Chief of 
the Army, and so had the appointment and su¬ 
pervision of the officers who were to carry out 
in detail and in fact the general policies adopt¬ 
ed by Congress. The result is difficult to char¬ 
acterize. 

When the war was over the President ap¬ 
pointed a provisional governor of Texas to take 
charge of affairs here. He and the military 
officers in command of this Department were 
to act together. Which was to be the superior 
power was not made clear at this time. Differ¬ 
ences of opinion as to that necessarily arose 
though no irreconcilable conflict was occasioned. 


HISTORICAL SKETCH. 


207 


A convention to form a new constitution was 
called to meet in February, 1866. The purpose 
of the convention was to propose a constitution 
so conformed to the results of the war and to 
the prevailing sentiment in Congress that Texas 
would again take her place as a state in the 
Union, and the civil authorities be put in un- 
. disputed control. This convention did not draft 
an entirely new instrument, but took as a basis 
of action the Constitution of 1845, which had 
never been superseded, and amended it so as to 
take out the objectionable features engrafted 
on it in 1861, and also to approximately express 
the results of the war as the delegates to the 
convention understood them. 

State, district and county officers were to he 
elected at the same time. The amendments to 
the Constitution were adopted in June, 1866, 
and the democratic candidates for all state offi¬ 
cers and for most others, were elected. 

These officers took charge of the affairs of 
the state, but Congress refused to approve the 
Constitution or to receive the senators and rep¬ 
resentatives in Congress or to in any way recog¬ 
nize Texas as freed from the taint of rebellion. 
The military authorities were continued in ac¬ 
tual control. All that the so-called officers of 
Texas did being subject to their supervision 
and approval. 


208 


ELEMENTARY CIVICS. 


Congress passed a “Reconstruction Act” 
which went into effect on March 2nd, 1867. In 
this Act the civil government operating under 
the unapproved constitution of 1866 was de¬ 
clared to be “ provisional only and in all re¬ 
spects subject to the paramount authority of 
the United States to abolish, modify or control 
or supersede.” 

The determination as to which of these dif¬ 
ferent things should be done was primarily with 
the commanding officers of the military division 
in which Texas was situated. 

On July 30th, 1867, the Governor and Lieu¬ 
tenant Governor were removed from office as 
44 impediments to reconstruction.” A provis¬ 
ional governor was appointed at the same time. 
He was, if possible, more completely under the 
domination of the army officers than his pre¬ 
decessors. 

The military authority on December 18th, 

1867, ordered an election to be held in Feb¬ 
ruary, 1868, to determine, first, whether or not 
a constitutional convention should be called, 
and, second, at the same time to select delegates 
to such convention in the event it was to be 
held. It was voted to call the convention. 

This convention met in Austin on June 1st, 

1868. After a protracted and most* remarkable 
session or rather two sessions, it prepared a 


HISTORICAL SKETCH. 


209 


constitution known as the Constitution of 1869. 
This was not an amendment to the previous 
constitutions but was a new instrument entirely. 

It was submitted to the people and adopted 
by them at an election held on the first Mon¬ 
day in July, 1869. A state government was 
organized under it. On March 30th, 1870, the 
Act of Congress admitting Texas into the Union 
went into effect. Her senators and representa¬ 
tives were seated in Congress and her state offi¬ 
cers were also recognized. She has since been 
a state in the Union on an equality with other 
states. 

Preparation and Adoption of the Constitution 
of 1876. —Shortly after the close of the war Con¬ 
gress passed several laws of amnesty, as they 
were called, restoring to the people who had 
engaged in the Civil War on the side of the 
South their political rights upon their taking 
an oath of allegiance to the United States as pre¬ 
sented in the several statutes. The real citi¬ 
zens of Texas were thus gradually restored to 
their right to vote and to hold office. 

At a general election held in 1873 the Honor¬ 
able Richard Coke of Waco, the democratic 
nominee, was elected Governor of the State. A 
democratic legislature was also elected. After 
a good deal of opposition by the officers then in 


210 


ELEMENTARY CIVICS. 


power the newly elected officers took charge of 
the State government. 

Among the first things they did was to pro¬ 
vide for preparing and adopting a new consti¬ 
tution. A convention was called for this pur¬ 
pose and delegates were elected to it. They 
met at Austin in 1875 and prepared a constitu¬ 
tion which was submitted to the people and 
adopted by them in February, 1876. This con¬ 
stitution, by its express terms, went into effect 
on the 18th day of April, 1876, and lias been the 
constitution of the State since that time. 

Amendments to the Constitution of 1876.— 
Many amendments to this Constitution have 
been proposed from time to time. The ma¬ 
jority of these have been rejected by the people. 
Several have been adopted. Among the most 
important of those adopted are: one providing 
for the creation of the Railroad Commission, 
which was voted on in 1890, and another, chang¬ 
ing the judicial system, voted on in 1891. 

This Constitution of 1876, as modified by the 
various amendments adopted since that date, is 
the present fundamental law of the State, and 
as such will be the basis of our treatment of 
the various departments of the Government of 
Texas. 

Summary.— From the foregoing it will be 
seen that many different governments have 


HISTORICAL SKETCH. 


211 


existed in Texas since its earliest known his¬ 
tory. 

First, it was inhabited by Indians and was 
claimed by both Spain and France, neither ex¬ 
ercising- any real control over it. 

Second, it becai^P a province of Spain and 
as such subject to the Spanish king. 

Third, as a result of the Mexican Revolution, 
in connection with Coahuila, it became a State 
in the Mexican Republic. 

Fourth, in 1836 it became an independent 
nation called the Republic of Texas. 

Fifth, in 1845 by annexation it became a 
State in the American Union. 

Sixth, in 1861 it attempted to secede from 
the United States and declared itself to be a 
member of the Southern Confederacy. 

Seventh, upon the fall of the Southern Con¬ 
federacy it found itself still a member of the 
United States of America, but was subject to 
military rule until it should reorganize its gov¬ 
ernment in such way as to be satisfactory to 
Congress. 

Eighth, its first effort to reorganize its gov¬ 
ernment made in 1866 was not satisfactory 
to Congress and military rule was continued. 

Ninth, in 1869 another Constitution was 
adopted which was accepted by Congress and 


212 


ELEMENTARY CIVICS. 


on the 30th day of March, 1870, Texas became 
a State in the Union in good standing. 

Tenth, in 1875 another Constitution was 
adopted which went into effect on the 18th day 
of April, 1876. This Constitution, modified by 
the amendments subsequently adopted, is the 
basis of our present government. 

QUESTIONS. 

1. When was the Republic of Texas fully organized? 
Was the Government State or National? W T as it Unitary or 
Federal? In this respect, how did it compare with the 
government of the United States as that is now held to be ? 
How many departments of government were recognized 
in it? 

2. Name the principal executive officers in the Republic. 
What was its legislature called? Of how many houses did 
it consist? Name the four classes of courts in its judicial 
system. 

3. From what ancient government had Spain received 
her laws? How had this law been brought to Texas? 
To what system of law were the Texans accustomed? 
What general policy governed the founders of Texas in 
choosing between these two systems? Name some of the 
matters as to which the Spanish or Mexican laws were to 
a large extent retained. 

4. By what people was the homestead law originated? 
What are the general purposes of this law? What evi¬ 
dence have we, in the conduct of other states, as to the 
wisdom of this law? 

5. By what government was the independence of Texas 


HISTORICAL SKETCH. 


213 


first recognized ? When was this ? What government 
came next in its recognition? 

6. What were some of the needs of the young Republic ? 
What was her principal financial resource? What kinds 
of laws were passed to encourage immigration? 

7. How long did Texas remain a Unitary Republic? In 
what way did it cease to be such a government ? When did 
annexation take place? When Texas came into the Union 
in this way how did her rights, privileges and duties cor¬ 
respond with those of other states in the Union? 

8. When was the first State Constitution adopted? 
When was the first State Government organized? Why 
did not that Constitution provide for the exercise of all 
political power as the. Constitution of the Republic had 
done? 

9. For how many departments of government did this 
Constitution provide ? What was the chief executive officer 
called? Why were a Secretary of War and of the Navy 
omitted from this Constitution? 

10. When were the first important changes in the Con¬ 
stitution of 1845 made? What was the occasion for these 
changes ? 

11. What period in the history of Texas is called the re¬ 
construction period ? What was the great difference in the 
views of the North and South as to the nature of the 
United States Government? Which view was established 
by the result of the war? 

12. During the reconstruction period, who had control 
in Texas, the civil authorities of the State or the Army 
officers of the United States? 

13. What effort was made in 1866 to re-establish the 
state government? Did this convention write a new Con¬ 
stitution or propose changes in the existing one? 

14. When were these amendments adopted? The can- 


214 


ELEMENTARY CIVICS. 


didates of what party were successful in that election? 
Did Congress recognize the State and her officers under 
these amendments? Who continued to exercise actual con¬ 
trol in all state and local affairs? 

15. When did Congress pass its Reconstruction Act? 
What did this Act declare as to the state government in 
Texas sought to be recognized under the Constitution of 
186b ? Who was left to determine the extent to which this 
state government should be recognized? 

16. When and for what reasons were the Governor and 
Lieutenant Governor removed by the commanding general ? 
What kind of state government was then established? 

17. When and by whom was the next election to call a 
constitutional convention ordered? When was this election 
held and what was its result? When did the convention 
meet? When was the Constitution submitted to the vote of 
the people? Was the Constitution adopted? At what 
time was Texas recognized as a state in the Union? 

18. When did the next constitutional convention meet? 
When was the Constitution prepared by it adopted? 
When did it go into effect? Name two important amend¬ 
ments to this Constitution? What is the present funda¬ 
mental law of this state? 

19. Give the recapitulation at the end of this chapter. 


PRESENT CONSTITUTION. 


215 


CHAPTER XVIII. 

The Present State Constitution Known as the 
Constitution of 1876. 

Introduction. —As we saw at the end of the 
last chapter the^ Constitution of 1876 was pre¬ 
pared by a Convention of delegates elected by 
the people just after the days of reconstruction. 
The convention met and the Constitution was 
drawn up in 1875, but as it was not adopted by 
the people until February, 1876, and did not 'go 
into effect until April 18th of that year it is 
usually spoken of as the Constitution of 1876. 

In many ways it is in sharp contrast with all 
of our previous State Constitutions. It is prob¬ 
ably twice as long as the‘Constitution of 1845. 
It has articles consisting of many sections on 
numbers of subjects scarcely mentioned in the 
early Constitutions. It abounds in detail. All 
through the instrument there are evidences of 
lack of confidence by the people in the various 
officers provided for in it. 

The Preamble to the Constitution.— The pre¬ 
amble or introduction to the Constitution is in 
these words, “ Humbly invoking the blessings 
of Almighty God^ the people of the State of 


216 


ELEMENTARY CIVICS. 


Texas do ordain and establish this Constitu¬ 
tion.^ 

Study this statement carefully. You will find 
in it two great truths, first that the highest hu¬ 
man power is dependent on the blessings of 
God for its prosperity and continuance, and, 
second, that the people of this State possess 
sovereign political power and establish their 
own government through this constitution. 

Sovereignty of Texas. —The sovereign power 
of Texas which is asserted in the preamble is 
expressed more fully in Sections 1, 2 and 3, 
of the Bill of Rights, as follows: “Section 1. 
Texas is a free and independent State, subject 
only to the Constitution of the United States; 
and the maintenance of our free institutions 
and the perpetuity of the Union depend upon 
the preservation of the right of local self-gov¬ 
ernment unimpaired to all the States.’’ 

Section 2. “All political power is inherent 
in the people, and all free governments are 
founded on their authority, and instituted for 
their benefit. The faith of the people of Texas 
stands pledged to the preservation of a Repub¬ 
lican form of government, and subject to this 
limitation only they have at all times the in¬ 
alienable right to alter, reform, or abolish their 
government in such manner as they think ex¬ 
pedient.” 


PRESENT CONSTITUTION. 


217 


Section 3. “All free men when they form a 
social compact have equal rights, and no man 
or set of men is entitled to exclusive public 
emoluments or privileges but in consideration 
of public services.” 

Recognition of God. —The people of Texas be¬ 
lieve in the separation of Church and State. 
They do not believe that any person ought to 
be compelled to worship God, to engage in any 
religious exercise or to support any religious 
order unless he does so of his own free choice. 
But this does not mean that Texas is not a 
Christian country which does not recognize thfe 
existence of God. On the contrary the pream¬ 
ble to the constitution humbly invokes the bless¬ 
ings of God upon the people in the preparation 
of the constitution and in the establishment of 
the government created by it. 

In many other ways in the body of the Con¬ 
stitution and in the law of this State God is 
recognized and our dependence upon Him as 
a people is accepted as a fact. 

In these sections the Constitution repeats the 
important fact that the people of the State of 
Texas have in themselves the power to make 
and unmake their state government and to 
form it in such way as they see fit with the 
single exception that it must remain republican 
in its nature. This recognized limitation on 


218 


ELEMENTARY CIVICS. 


their political power is found in the Constitu¬ 
tion of the United States. This is a very forci¬ 
ble statement of the facts. The people of 
Texas are sovereign, having all political power 
except that which was given by the Constitu¬ 
tion of the United States to the Federal Gov¬ 
ernment. This is true of Texas notwithstand¬ 
ing she was not one of the original thirteen 
colonies and did not come into the Union until 
1845, when she entered by treaty of annexa¬ 
tion. For it is settled law that new states com¬ 
ing into the Union, no matter by what method, 
have just the same rights and owe just the same 
duties and in every way have just the same re¬ 
lations to the Federal Government as each of 
the original states has. 

Departments of the State Government. —The 
second Article in the Constitution of Texas de¬ 
clares that there shall be three separate depart¬ 
ments of governments, legislative, executive and 
judicial. On this point our Constitution goes fur¬ 
ther perhaps than that of any of the other states. 
It says that no person who is an officer in either 
one of these departments shall act as an officer 
in or exercise any powers belonging to either of 
the others, except in instances in which the 
right to do so shall be expressly given in the 
Constitution itself. 

We have explained these three kinds of power 


PRESENT CONSTITUTION. 


219 


and have discussed the necessity for their exer¬ 
cise whenever one person undertakes to control 
another. Our Constitution simply recognizes 
these facts. It also seeks to prevent the abuse 
of power by officers by denying to each of them 
the right to exercise more than one of these 
kinds of power. The wisdom of this sharp di¬ 
vision of power has been called in question; but 
neither the people of the United States nor 
those of Texas have yet been convinced that it 
would be safe to do away with the division. 

Political Rights. —The Constitution has a 
number of provisions about the right to vote. 
Some of these are affirmative, declaring who 
may vote. Others are negative, declaring who 
may not vote. Others give general directions 
as to the way in which voting shall be done. 

Considering all these together we find that 
the general rule is that all males over 21 years 
of age who have resided in the state for more 
than one year and in the district or county in 
which they offer to vote for six months just 
before the election, may vote. To this general 
rule there are several exceptions. First, no one 
ran vote unless he be either a citizen of the 
United States or shall have declared his inten¬ 
tions to become such a citizen. Second, idiots, 
lunatics, paupers, persons who have been con¬ 
victed of a penitentiary offense and soldiers in 


220 


ELEMENTARY CIVICS. 


the service of the United States are denied this 
right. 

Under a recent amendment to our Constitu¬ 
tion persons who are otherwise qualified to vote 
in order to be permitted to do so at any elec¬ 
tion, must have paid their poll tax for the year 
before that in which the election is held. Such 
payment must have been made before the first 
day of February of the election year. This 
law applies to all voters unless they are 60 years 
of age or over. This age limit is the only ex¬ 
ception made by the Constitution. The legisla¬ 
ture has attempted to extend it by statute, ex¬ 
empting persons who are blind or have lost an 
arm or a leg. If exempt persons live in a city 
of ten thousand inhabitants or over, they must 
get a certificate from the Tax Collector that 
they are exempt, before they can vote. This 
certificate must be gotten before February 1st 
of the election year. If they live in the country 
or in a smaller city or town they need not get 
a certificate of exemption. 

Voting and Citizenship. —The general impres¬ 
sion is that voting and citizenship go together. 
This is not true, though it ought to be, at least 
to the extent that no one who is not a citizen 
should be permitted to vote. Many persons 
who are not citizens but have only declared their 
intention to become such are permitted to vote. 


PRESENT CONSTITUTION. 


221 


Many persons who are citizens are not permit¬ 
ted to vote. Among the latter are many women 
who have large property interests and corre¬ 
sponding responsibilities as citizens. 

Another peculiar fact about voting in the 
United States is that each state determines who 
shall vote within its territory for representa¬ 
tives in Congress and Presidential Electors. 
There is no power in the United States Con¬ 
gress to fix qualifications for voting for either 
state or federal officers. The provision of the 
Fifteenth Amendment regarding race, color and 
previous conditions denies both to Congress 
and the state legislatures the power to disfran¬ 
chise any person for either of these reasons, 
but does not give to Congress or the states any 
powers as to fixing qualifications for Suffrage 
which they did not have before the adoption of 
that amendment. 

Regulation of Elections. —The Texas Consti¬ 
tution requires that the people in all elections 
shall vote by ballot. That these elections and 
their results shall fully represent the will of 
the people the Constitution makes it the duty 
of the Legislature to prohibit “all undue influ¬ 
ence in elections from power, bribery, tumult 
or other improper practice/’ 

Another provision commands the passage of 
such laws as may be necessary “to detect and 


222 


ELEMENTARY CIVICS. 


punish fraud and preserve the purity of the 
ballot box.” 

A ballot is a paper on which a voter states 
his vote. If the election is held to choose can¬ 
didates or officers the ballot must contain the 
names of the persons for whom the vote is cast 
and the office to which each is to be chosen. To 
do this the name of each person voted for and 
the office which he is to hold must be either 
written or printed on the ballot. If the elec¬ 
tion is about a political measure such as adopt¬ 
ing a constitutional amendment, the ballot must 
show the measure voted on and whether the 
voter favors or opposes its adoption. 

Each voter deposits his ballot Avith the proper 
officer. It is afterwards counted in making up 
the returns of the election. These returns are 
written statements by the election officers as to 
the votes cast in their respective election pre¬ 
cincts. in these returns they state the name 
of each man voted for, the office for which he 
was running and the number of votes he re¬ 
ceived. The correctness of these statements is 
then certified to by the election officers and the 
returns are delivered by one of such officers to 
the person designated by law to receive them. 

If it is a primary election they are given to 
the Chairman of the County Executive Com¬ 
mittee of the political party holding the pri- 


PRESENT CONSTITUTION. 


223 


mary. If it is a regular election they are de¬ 
livered to the County Judge. In either case 
the boxes containing the ballots cast in the 
particular election are sealed up and de¬ 
livered by the election officers with the returns. 
These are kept for the time provided by law 
when the proper officers open the returns from 
all over the county and declare the result. 

If it is a primary election the returns and 
ballot boxes are delivered to the County Execu¬ 
tive Committee of the party holding the elec¬ 
tion. At the proper time this committee counts 
the votes and declares the candidates for count v 

4 v 

and precinct offices who received the highest 
votes to be the nominees of that party. These 
officers send the returns for District and State 
candidates from their respective counties to the 
Executive Committees of the different electoral 
districts, including their county, and to the State 
Executive Committee. 

If it is a regular election the returns and 
ballot boxes are delivered to the County Judge 
and Commissioners. At the proper time these 
officers count the votes. The candidates re¬ 
ceiving the highest number of votes for the 
different county and precinct offices are de¬ 
clared elected to these offices. 

A certificate as to the votes for all other offi¬ 
ces, district and state, are returned to the Sec- 


224 


ELEMENTARY CIVICS. 


retary of State. These votes are canvassed by 
the Governor, Secretary of State and the Attor¬ 
ney General for all offices except for Governor 
and Lieutenant Governor. The returns for 
these two offices are kept by the Secretary of 
State until the Legislature meets and then 
delivered by him to the Speaker of the House 
of Representatives. They are counted by the 
Speaker in the presence of the House and Sen¬ 
ate and the candidate receiving the highest 
number of votes for each of these offices is de¬ 
clared by him to have been elected. 

Protection of the Ballot. —The state does not 
do its full duty to the voter by simply permit¬ 
ting him to vote. It must make and enforce 
such laws as will cause his ballot to be counted 
properly and as will keep all persons not en¬ 
titled to vote from doing so. It must also pre¬ 
vent the election officers from using or permit¬ 
ting any fraud or trickery or other wrong prac¬ 
tices to change the result of an election. 

Right to Hold Office .—There are only two gen¬ 
eral requirements for holding office in Texas. 
The first demands that every officer must ac¬ 
knowledge the existence of a Supreme Being. 
The second forbids any one who has fought a 
duel or acted as a second in a duel or who has 
sent or accepted a challenge to fight a duel to 
hold office. 


PRESENT CONSTITUTION. 


225 


There are a number of facts which disqualify 
particular persons from holding office or pre¬ 
scribe qualifications for particular offices. For 
example: A District Judge “shall be at least 
25 years of age, shall be a citizen of the United 
States, shall have been a practicing attorney 
or judge of a court in this state for a period of 
four years and shall have resided in the district 
in which he is elected for two years next before 
his election.” Numerous other examples might 
be given. Many of these are given in connec¬ 
tion with the various named offices throughout 
the text. 


QUESTIONS. 

1. Repeat the preamble to the Constitution of Texas. 
What two great truths are set forth in these words ? What 
is the belief of the people of Texas as to the separation of 
church and state ? Does this belief prevent our government 
from recognizing the existence of God? How does the 
preamble to the Constitution prove this last statement? 

2. What is the effect of sections one, two and three of 
the Bill of Rights as to the power of the people of Texas to 
form their state government and the limitations upon such 
power? Are the rights and duties of Texas as a state af¬ 
fected by the facts that she did not come into the Union 
until 1845 and then entered by treaty? Why? 

3. What three departments of government were pro¬ 
vided for in the Texas Constitution? What explicit state- 


226 


ELEMENTARY CIVICS. 


ments are made in it as to keeping these departments dis¬ 
tinct? Why is this division of power proper? 

4. What is the general rule in Texas as to who may 
vote? What exceptions are made to this rule (a) based on 
sex; (b) on citizenship; (c) on mental condition; (d) on 
thriftlessness; (e) based on crime; and (f) on military 
service ? 

5. What is the substance of the recent amendment to 
the Constitution requiring the payment of poll tax to en¬ 
title one to vote? 

6. Are all citizens allowed to vote in Texas? Are all 
voters required to be citizens ? Who fixes the qualifications 
of voters for representatives in Congress, and for presiden¬ 
tial electors? Has Congress any power to hx qualifications 
of voters? What is the provision of the Fifteenth Amend¬ 
ment regarding race, color and previous condition as affect¬ 
ing the right to vote? 

7. In what way must the people vote in Texas? What 
is a ballot? How is voting by ballot done? What is an 
election return? What must it contain? In primary elec¬ 
tions to whom are the returns made? To whom are they 
made in a regular election? What is done with the ballots 
cast at an election? 

8. Who declares the result as to county officers in a 
primary election ? Who in regular elections ? How are the 
results ascertained in district and state elections? 

9. What duties does the Constitution impose upon the 
Legislature regarding the purity and protection of elections 
and the ballot box? 

10. What is the right to hold office? What two provi¬ 
sions are there in the Texas Constitution disqualifying per¬ 
sons from holding office? 


LEGISLATIVE DEPARTMENT. 


227 


CHAPTER XIX. 

Legislative Department. 

Introduction. —The general nature of the dif¬ 
ferent departments of government has been so 
fully explained in connection with the Federal 
Government that it is unnecessary to take it 
up here. In this and the succeeding chapters 
we will discuss these different departments as 
they exist in Texas. In so doing we will follow 
the order in which they appear in the State 
Constitution. 

Legislative Power of a State. —Article III, 
Section 1, of the Texas Constitution says: “The 
legislative power of this state shall be vested 
in a Senate and House of Representatives, 
which together shall be styled 4 the Legislature 
of the State of Texas.’ ” 

Let us compare this with the corresponding- 
clause in the Constitution of the United States, 
which is as follows: “All legislative power 
herein granted shall be vested in a Congress of 
the United States which shall consist of the 
Senate and House of Representatives.” Art. 
I, Sub. I, U. S. Const. Look carefully at the 
first statement in each of these clauses. The 
State Constitution speaks of the legislative 


228 


ELEMENTARY CIVICS. 


power of this state. It does not refer to this 
power as being granted to the people. This is 
correct. State Constitutions deal with powers 
inherent in the people of the state. Inherent 
powers are those which the person possessing 
them has in his own right, without gift or 
grant from any one else. 

In the case of Texas this is a part of the 
power which the people asserted in their Dec¬ 
laration of Independence adopted on March 
2nd, 1836, when they declared Texas “to be a 
free, sovereign and independent nation.” Some 
of the legislative power asserted by the people 
in their Declaration and possessed by them 
while they were a Republic, was given over to 
the Federal Government when Texas became 
a state in the Union in 1845. The legislative 
powers which remained in the people of the 
state, however, were inherent and primary just 
as they had been during the days of the Re¬ 
public. 

Let us examine the clause in the Constitution 
of the United States. It is: “All legislative 
powers herein granted.” This shows that the 
Constitution of the United States is an original 
source of power which did not exist before that 
instrument was drawn up and ratified by the 
people of the several states. 

We have thus impressed on us by these two 


LEGISLATIVE DEPARTMENT. 


22H 


clauses the fact that state constitutions deal 
with power already possessed by the people, 
whereas the Federal Constitution deals with 
powers originating in and granted by that in¬ 
strument. 

The legislative power of the people of Texas 
therefore extends to and includes the right to 
legislate on all subjects which have not been 
given over to the exclusive control of the Fed¬ 
eral Government or which they have not been 
forbidden to exercise in the Federal Constitu¬ 
tion. This division of power has been consid¬ 
ered heretofore. 

While it is true as we have just stated that 
the people of Texas have all legislative powers 
not parted with by them by becoming a state 
in the Union, we must not think from this that 
the state must give to its legislative department 
the right to use all these powers. Not a single 
state in the Union does this. The Constitution 
of each state withholds from the legislature 
created by it some of the legislative power of 
the people of that state. This explains to you 
why it is that in order to get correct notions of 
our Government we must study not only the 
grants of power made by our constitutions to 
the different officers, but also the restrictive 
provisions of the Constitution which give us 
the denials of power and the restraints on those 


230 


ELEMENTARY CIVICS. 


given. If we did not do this we would not get 
true ideas of our Government. 

Legislature. —As stated in the beginning of 
this chapter the Legislature of Texas consists 
of two houses, the Senate and the House of 
Representatives. It meets once in every two 
years in regular session. These meetings be¬ 
gin on the second Tuesday in January of the 
year following general elections. The Legisla¬ 
ture may be called together in special session 
by the Governor whenever he thinks proper. 
At regular sessions the Legislature may pass 
any laws that it sees fit not contrary to the Con¬ 
stitution of the State or of the United States. 
At called sessions it can only act on matters 
specially submitted to it by the Governor in 
his messages. Both the House and Senate must 
concur in all laws and joint resolutions passed 
by the Legislature. 

Each house is the judge of the election and 
qualification of its own members, makes its own 
rules of procedure, keeps a record of its acts, 
elects its own officers, may punish or expel its 
members for improper conduct and punish any 
other person for contempt. 

Senate. —There are thirty-one senatorial dis¬ 
tricts, each of which has one senator elected 
by the qualified voters of the district. A 
senator must be a citizen of the United States, 


LEGISLATIVE DEPARTMENT. 


231 


a qualified voter of the State, twenty-six years 
of age, must have been living in Texas for at 
least two years and in his district for at least" 
one year before his election. He holds his office 
for four years. 

The Senate, without the concurrence of the 
House, passes on all appointments to office 
made by the Governor and tries all cases of 
impeachment or redress against officers brought 
before it by the House. 

Organization of the Senate. —The Lieutenant 
Governor presides over the Senate. As he is 
not a member of this body he can only vote in 
case of a tie, or when the body is in committee 
of the whole. The Senate elects its other offi¬ 
cers, the most important of whom is the Presi¬ 
dent pro tern., who presides over the Senate in 
the absence of the Lieutenant Governor. He is 
always a member of the Senate and is entitled 
to vote on all questions. The other officers of 
the Senate are a Secretary, Assistant Secretary, 
Journal Clerk, Assistant Journal Clerk, Cal- 
lendar Clerk, Enrolling Clerk, Sergeant-at- 
Arms, Assistant Sergeant-at-Arms, Doorkeeper, 
Assistant Doorkeeper, and Chaplain. The du¬ 
ties of the several officers are fairly well indi¬ 
cated by their names. 

House of Representatives. —The number of 
the members of the House is not fixed by the 


232 


ELEMENTARY CIVICS. 


Constitution. The smallest number permissi¬ 
ble is ninety-three, and the largest number can 
never go over one hundred and fifty. There are 
now 142 members, elected from 127 districts. 

The legislature divides the State into repre¬ 
sentative districts, making the division, so far 
as this can be done, so as to give one represen¬ 
tative to a designated number of inhabitants, 
which can not be less than 15,000. This num¬ 
ber is changed from time to time as the popula¬ 
tion of the state increases. 

In making this distribution the county is 
taken as the unit as far as it is possible to do 
so. If one county has about the number of 
inhabitants which entitles it to a representative 
the county is made a representative district and 
one member of the House is elected from it. 
If another county has a larger number of 
inhabitants, it will be entitled to a number of 
representatives in proportion to its pop¬ 
ulation. If there are several counties lying 
together, no one of which has enough in¬ 
habitants to entitle it to a representative, these 
will be combined and together will be given a 
representative. If there are a number of coun¬ 
ties, each of which has more inhabitants than 
would entitle it to a representative, but not 
enough to entitle it to two, each county would 
be given one representative and then another 


LEGISLATIVE DEPARTMENT. 


233 


representative would be elected from all the 
comities combined into a district. Such a rep¬ 
resentative is called a floater. 

A representative must be at least twenty-one 
years of age, a citizen of the United States, a 
qualified voter of the State, must have lived in 
the State for at least two years and in his dis¬ 
trict at least one year before his election. The 
term of office is two years. 

Organization of the House. —The House elects 
from its own members its presiding officer, 
called a Speaker, who, as he is a member, is 
entitled to vote on all questions. The House 
also elects its other officers. These are a Chief 
Clerk, Calendar Clerk, Journal Clerk, Assistant 
Journal Clerk, Engrossing Clerk, Enrolling 
Clerk, Reading Clerk, Sergeant-at-Arms, Door¬ 
keeper, and Chaplain. 

Payment. —Members of each House receive 
$5.00 per day for the first sixty days and $2.00 
per day during the remainder of a session. The 
purpose of this provisions is to force the Legis¬ 
lature to give attention to business and to have 
short sessions, but such has not been the result. 

The Legislature usually adjourns on the six¬ 
tieth day, and is called immediately in special 
session by the Governor. This is a new session 
and the members receive $5.00 per day. 

Proceedings in the Legislature. —There are a 


234 


ELEMENTARY CIVICS. 


great many detailed provisions in the Constitu¬ 
tion as to how legislation shall be carried on. 
These are long and need not be given here, as 
they are practically the same as the methods 
of procedure in Congress, which have been con¬ 
sidered. 

Restrictive Provisions. —Many of the restric¬ 
tions on the legislative powers are contained in 
the Bill of Rights and affect the Legislature 
no more than they do the other Departments 
of government. Some of these will be consid¬ 
ered hereafter under that head. Other restric¬ 
tions relate to taxation, public debts, and claims, 
and will be considered under those heads. 

Local and Special Laws. —One limitation on 
the powers of the Legislature relates to the pas¬ 
sage of local and special laws. Local laws are 
those which affect only a particular place. Spe¬ 
cial laws deal with some private matters and 
affect only those persons interested in such mat¬ 
ters. Section 56, Article 3, of the Constitution, 
forbids the Legislature to pass local or special 
laws on any of the subjects set out in that sec¬ 
tion, which are about 56 in number. The next 
section of that article regulates the manner of 
passing local or special laws when this is per¬ 
mitted. One of these provisions requires pub¬ 
lication of the intent to apply for the passage 


LEGISLATIVE DEPARTMENT. 


235 


of a local law thirty days before the introduc¬ 
tion of the bill into the Legislature. 


QUESTIONS. 

1. Repeat Section I, Article III of the Texas Constitu¬ 
tion, regarding the legislative power of the state. Repeat 
Section I, Article I, of the Constitution of the United States, 
regarding the legislative power of that government. Con¬ 
trast these two sections showing what the/ teach as to the 
nature of the legislative powers of the two governments. 

2. To what subjects does the legislative power of the 
people of Texas extend? Are the people required to au¬ 
thorize the Legislature of Texas to exercise all these pow¬ 
ers? Does the Constitution of Texas give such authority 
to the Legislature ? 

3. Of what two houses does the Legislature of Texas 
consist? How often does the Legislature meet in regular 
session? On what subjects can the Legislature act in reg¬ 
ular session? Who may call special sessions of the Legisla¬ 
ture? What may be legislated on in these sessions? Can 
either house pass a law without the concurrence of the 
other ? 

4 How many members are there of the State Senate? 
How are they elected? State the qualifications of a Sena¬ 
tor. What powers has the Senate acting apart from the 
House? How is the Senate organized? 

5. Is the number of members of the House of Repre¬ 
sentatives fixed by the Constitution? By whom and on 
what basis is the number determined? By whom and how 
are representative districts made? What are the qualifica¬ 
tions for a representative? How is the House organized? 

6. What pay do members of the Legislature receive? 


236 


ELEMENTARY CIVICS. 


What was the purpose of cutting down the pay after sixty 
days? What has been the practical working of this pro¬ 
vision ? 

7. Turn back to the discussion of proceedings in Con¬ 
gress and describe the proceedings in the State Legislature. 

8. What is a local law? What is a special law? What 
does the Constitution require as to giving notice before the 
passage of such a law? 

CHAPTER XX. 

Executive Department. 

Introduction.—We have already studied the 
general nature of the Executive Department of 
the Government and the powers and duties of 
the executive officers in the Federal Government. 
We will now take up the Executive Officers in 
our State Government. 

We will find the duties of these officers are 
very similar to those in the Federal Govern¬ 
ment though not identical with them. The sim¬ 
ilarities come from the fact that each performs 
Executive action. The differences come, first, 
from the different matters with which the two 
governments have to deal, those of the United 
States being National, while those of the State 
are domestic; and, second, from the differences 
in the conditions under which the two govern¬ 
ments are carried on. 


EXECUTIVE DEPARTMENT. 


237 


Officers of the State Executive Department.— 

The following officers compose the Executive 
Department of the State of Texas: The Gov¬ 
ernor, Lieutenant Governor, Comptroller of 
Public Accounts, Treasurer, Commissioner of 
the General Land Office, Attorney General, Su¬ 
perintendent of Public Instruction and Com¬ 
missioner of Agriculture, who are elected by 
the people; and the Secretary of State, Com¬ 
missioner of Banking and Insurance, Adjutant 
General, two commissioners constituting the 
Board of Pardon Advisers, State Health Offi¬ 
cer, State Revenue Agent, State Purchasing 
Agent, State Tax Commissioner, Pension Com¬ 
missioner, Superintendent of Public Buildings 
and Grounds, Texas Library and Historical 
Commissioner, State Expert Printer, Commis¬ 
sioner of Labor Statistics, State Inspector of 
Masonry, Superintendent of Public Buildings 
and Works, Live Stock Sanitary Commissioner, 
State Mining Board, Pure Food Commissioner, 
and a Game, Fish and Oyster Commissioner, 
who are appointed by the Governor with the ap¬ 
proval of the Senate. 

There are also a number of Boards and 
Principals in charge of different matters of 
public interest, such as the various Charitable 
Institutions, Reformatories and Penitentiaries. 


238 


ELEMENTARY CIVICS. 


Most of the County Officers also belong to 
this Department. 

Terms and Manner of Election. —The terms of 
these offices are two years. If vacancies occur 
they are filled by appointment for the remain¬ 
der of the unexpired term. Vacancies in state 
offices except that of Governor are filled by 
appointment of the Governor; in county offi¬ 
ces, by the County Commissioners’ Court. 

A number of the state officers, as stated in 
the last paragraph, are elected by the people 
of the whole state. The others are appointed 
by the Governor with the approval of the 
Senate. 

The Governor and Lieutenant Governor are 
inaugurated on the Third Tuesday in January 
after the general election. The inauguration 
ceremonies consists in administering the oath 
of office to each of these officers in the Hall 
of Representatives in the presence of both 
houses of the Legislature and the delivery of 
an address by each. 

If a vacancy occurs in the office of Governor 
the Lieutenant Governor takes the office and 
the President pro tern, of the Senate becomes 
Lieutenant Governor. 

The Governor.— The Governor, at the time of 
his election, must be at least thirty years of 
age, a citizen of the United States and must 


EXECUTIVE DEPARTMENT. 


239 


have lived in Texas for at least five years. His 
salary is $4,000.00 per year. In addition to 
this he has the use of the Governor’s Mansion. 

He is commander-in-chief of the State mi¬ 
litia at all times except when it is called into 
actual service of the United States, when the 
President of the United States takes command 
of it. 

It is his duty to see that all the laws of the 
State are enforced and he must suppress in¬ 
surrections, repel invasions and protect the 
frontier. In the discharge of these last named 
duties he can have the assistance of the Federal 
Government if he so desires. 

It is also the duty of the Governor to send 
messages to the Legislature, telling them about 
all matters of importance that require legisla¬ 
tive action. He can go further than this and 
recommend the passage of laws which in his 
judgment would be for the public good. It 
is especially made his duty to give the legisla¬ 
ture information about the financial and busi¬ 
ness affairs of the State and to go into detail 
about these, stating the amount of money that 
he thinks will be needed for each of the depart¬ 
ments of government for the next two years, 
and giving other similar specific information. 

Through him all communications between the 


240 


ELEMENTARY CIVICS. 


State and the United States or any other state 
of the Union must be carried on. 

The Governor also has the power to pardon 
or lessen the punishment of all persons con¬ 
victed of crimes, except in cases of treason or 
impeachment. In cases of impeachment he has 
no pardoning power. In cases of treason he 
can recommend pardon to the Senate and if 
that body agrees with him the pardon will take 
effect. 

There are two officers called the Board of 
Pardons whose business it is to look into all 
requests for pardon, consider them carefully 
and recommend to the Governor what they 
think ought to be done. The Governor can do 
as they suggest or not, as he thinks best. 

The Governor appoints all state officers who 
are not chosen by election, and if a vacancy 
occurs in any state or district office, even though 
it be one that is filled by election by the people, 
he fills the place by appointment, the man ap¬ 
pointed by him holding the office until the next 
general election, unless the legislature shall 
meet before that time. In such case he must 
send in the name of the appointee to the Sen¬ 
ate for its action. 

Governor’s Connection With Legislation.— 

As we have stated, the Governor may influence 
legislation by making recommendations to the 


EXECUTIVE DEPARTMENT. 


241 


Legislature when it is in regular session. It 
is also in his power to call special sessions of 
the Legislature. When called together in this 
way the Legislature can only pass upon such 
matters as are submitted to it by the Governor 
in the message calling it together or in some 
later message that he may send in. 

Every bill that is passed by the Legislature 
must go to the Governor for his action. The 
Governor may do any one of three things with 
it. First, he may approve it; second, he may 
fail to act on it; third, he may veto it. If he 
approves it he must sign it and it then becomes 
a law. If he does not take any action on it 
within the time specified by law, it becomes 
a law without his approval. If he vetoes the 
bill, if the Legislature is in session, he must 
send the bill back to the house in which it orig¬ 
inated, giving in writing the reasons for his 
veto. This kills the bill unless it is taken up 
by each house and passed by a two-thirds vote, 
in which case it becomes a law without further 
action by the Governor. 

There are two ways in which the Governor 
can veto a bill. First, if the bill is sent to him 
more than ten days before the end of the ses¬ 
sion of the Legislature, if he disapproves it he 
must indorse his veto on the bill, giving his 
reasons, and send it back within ten days td 


242 


ELEMENTARY CIVICS. 


the house in which it originated. Second, if 
the Legislature adjourns within less than ten 
days after the bill reaches the Governor he then 
has twenty days after the adjournment within 
which to act on the bill. He need not take this 
time to act on it. It would be in his power to 
veto the bill before adjournment. If he did 
this he must send the bill and the veto message 
to the house in which the bill originated. It 
he does not act on the bill during the session 
and desires to veto it afterward he writes on 
the bill his objections to it, signs this officially 
and files the bill and statement of objections 
with the Secretary of State. The Secretary of 
State then publishes the bill and the veto in 
some newspaper within twenty days after the 
Legislature adjourns. 

In vetoing ordinary bills the Governor must 
act on them as a whole. He cannot approve part 
of such a bill and veto another part of it. This 
is not true of general appropriation bills. In 
dealing with these the Governor is especiallv 
authorized to approve some items and disap¬ 
prove others. After the Governor has once 
acted on a bill, either approving or disapprov¬ 
ing it, he cannot change this action. 

Lieutenant Governor.— The Lieutenant Gov¬ 
ernor “ shall by virtue of his office be President 
of the Senate and shall have, when in commit- 


EXECUTIVE DEPARTMENT. 


243 


tee of the whole, a right to debate and vote on 
all questions; and when the Senate is equally 
divided, to give the casting vote. In case of 
the death, resignation, removal from office, in¬ 
ability or refusal of the Governor to serve, or 
his impeachment or absence from the state, the 
Lieutenant Governor shall exercise the powers 
and authority appertaining to the office of Gov¬ 
ernor until another be^ chosen at the periodical 
election, and be duly qualified; or until the 
Governor impeached, absent or disabled, shall 
be acquitted, return or his disability be re¬ 
moved. 7 7 

It is customary for the Lieutenant Governor, 
as presiding officer of the Senate to appoint the 
committees of that body. This is not a power 
given him by the Constitution and the Senate 
can change it at any time it sees fit. 

Comptroller of Public Accounts. —The Comp¬ 
troller of Public Accounts is the State’s prin¬ 
cipal bookkeeper. It is his duty to collect all 
moneys belonging to the state and pay them 
over to the Treasurer, to be kept by him for 
the purpose for Avhich they were paid in. The 
Comptroller also gives written orders authoriz¬ 
ing the Treasurer to pay to any person entitled 
to collect money from the State Treasury the 
amount due such person as stated in the order. 
This written order is called a Treasury War- 


244 


ELEMENTARY CIVICS. 


rant. The Comptroller keeps accounts with all 
tax collectors and sheriffs and other officers 
whose duty it is to collect or handle money be¬ 
longing to the state. 

It is also the Comptroller’s duty to look after 
the issuance of licenses to persons engaged in 
selling intoxicating liquors anywhere in the 
state and to see that the laws regulating licenses 
and the conduct of such.business are complied 
with. 

The Comptroller is also a member ex officio 
of several State Boards; such as the State 
Board of Education, the State Tax Board, and 
others. 

State Treasurer. —The State Treasurer is the 
officer who actually handles and pays out the 
state’s money. Formerly the money was kept 
in the vanlts in the Treasury. There were two 
bad effects from this. First, the money was 
kept out of circulation; and, second, the state 
got no revenue from it. At this time there are 
a number of banks designated as depositories, 
among whom the Treasurer can divide the 
money, taking security for its repayment as 
required by law. The banks pay a low rate 
of interest on the money received by them, thus 
adding to the state’s funds. They also use it 
in their banking business, thus putting it in 
circulation among the people. When the state 


EXECUTIVE DEPARTMENT. 


245 


needs more money than it has in her Treasury 
it can call upon these banks to repay the money 
deposited with them. The law goes into a good 
deal of detail in regulating these deposits so as 
to secure the state against loss and the banks 
against sudden demands for payment, which 
they might not be able to meet without injury. 

The Constitution forbids the State Treasurer 
to pay out any money for any purpose unless 
an appropriation has been made by the Legis¬ 
lature permitting such payment. To appro¬ 
priate a thing is to set it apart for a certain 
purpose. This is the meaning of the word 
here. An appropriation of money therefore is 
a law passed by the Legislature setting apart 
a certain amount of money to a certain purpose 
and authorizing its payment for that purpose. 
Even after money has been appropriated by 
the Legislature it cannot lawfully be paid out 
by the Treasurer until the Comptroller has 
drawn a Treasury Warrant for the amount, 
stating to whom and for what purpose and out 
of what fund the money is to be paid. 

Commissioner of the General Land Office.— 
This officer is the head of the Texas land sys¬ 
tem. When Texas declared itself a free and 
independent nation there was a great deal of 
land within her borders that had never been 
granted to individuals. It belonged to the peo- 


246 


ELEMENTARY CIVICS 


pie of the Republic and was called the public 
domain. When the Republic became a state, 
the title to these lands passed to the state. The 
Republic and the state have both put this land 
to a great many different uses and have dis¬ 
posed of it in a great many different ways. 

]STo matter for what purpose the state parts 
with any of her land, the evidence that she has 
sold it or given it away, as the case may be, is 
a written instrument signed by the Governor 
and the Commissioner of the General Land 
Office, called a patent. 

A great deal of the public land has been set 
apart for common school purposes and for the 
University. Some of this land has been sold 
and paid for. A good deal more of it has been 
sold partly on credit with notes bearing inter¬ 
est. Much of it has not been sold but has been 
leased or rented to different people, who pay 
the state for the use of the land. 

All of the foregoing matters are attended to 
in the General Land Office, and the records 
about all land transactions with the state are 
kept there. The Commissioner of the General 
Land Office has general charge of them. 

Attorney General. —The Attorney General is 
a lawyer elected by the people of the state to 
attend to the state’s legal affairs. His term of 


EXECUTIVE DEPARTMENT. 


247 


office is two years. His salary and fees are 
four thousand dollars. 

It is his duty to give legal advice to every 
officer concerning his official duties when the 
officer applies to him for his opinion. As any 
officer in the state, from the Governor to the 
Constables, is permitted by law to submit ques¬ 
tions about his official duties to the Attorney 
General, it is easily seen that there must be a 
great deal of business transacted in his office. 

Besides giving advice to officers, it is the bus¬ 
iness of the Attorney General to represent the 
state in all important law suits brought by or 
against it. There is a great deal of litigation 
of this kind; much of it is about lands, a good 
deal about violations of duties by officers col¬ 
lecting money from different individuals for 
the state, and a good deal about the violation 
of penal laws, such as the anti-trust law and 
similar acts. 

These duties are more than any one man 
could possible perform, so the law provides for 
the appointment of a number of assistants to 
the Attorney General who act with him and 
under his direction. 

QUESTIONS. 

1. Name the state executive officers who are elected 
by the people. Name the state executive officers who are 


248 


ELEMENTARY CIVICS. 


appointed by the Governor. What is the length of term 
of each of these officers? If a vacancy occurs in any of 
these offices except the Governor’s how is it filled? 

2. When does the inauguration of the Governor and 
Lieutenant Governor take place? Of what do the inaugu¬ 
ral ceremonies consist? 

3. What are the qualifications for Governor? What 
pay does he receive? 

4. What military power does the Governor have? 
What is his duty as to the enforcement of the laws gener¬ 
ally? What as to insurrections and invasions? 

5. What powers and duties does the Governor have in 
bringing about the enactment of laws? 

6. Who pardons persons guilty of crimes against the 
state? Can a Governor pardon in impeachment cases? 
What limitations are there on his power to pardon in cases 
of treason? 

7. To whom must every bill passed by the Legislature 
go before it can become a law? What three courses is it 
possible for the Governor to take as to such bills? Discuss 
briefly but accurately the Governor’s veto power. 

8. State briefly the powers and duties of the Lieutenant 
Governor? of the Comptroller? of the State Treasurer? 
of the Commissioner of the General Land Office? of the 
Attorney General? 


EXECUTIVE DEPARTMENT. 


249 


CHAPTER XXI. 

Executive Department—Continued. 

Superintendent of Public Instruction. —This 
officer is the head of the public school system 
of the state. His term is two years and his 
salary twenty-five hundred dollars. 

There are more than two hundred and forty 
organized counties in Texas, and the law pro¬ 
vides for schools of different grades in each of 
these counties. While there are county officers 
whose business it is to look after the schools 
in their counties in a detailed way, still it is 
necessary to have a state officer who shall have 
general control and direction over all of these 
county officers, and over the common school 
matters of the state as a whole. This is the 
duty of the Superintendent of Public Instruc¬ 
tion. 

In addition to looking after the schools as 
they actually are, the Superintendent of Public 
Instruction also studies the school system in 
general and makes reports to the Governor con¬ 
cerning it, suggesting ways in which the schools 
can be made better. He also has supervision 
of the issuing of certificates for teachers. 


250 


ELEMENTARY CIVICS. 


Commissioner of Agriculture. —Texas is a 
great farming country. It lias more money in¬ 
vested in its farms and more people engaged in 
farming that in any other one business. It is 
such a large state and so many different crops 
can be raised in its different sections that the 
farming interests are exceedingly important. 
It was not until recently, however, that it was 
seen that the interests of the farmers needed 
attention by the state. In 1907 this fact was 
recognized and an officer known as Commis¬ 
sioner of Agriculture was provided for. It is 
the duty of this officer to look after all matters 
of benefit to the farmers. 

He and men working under him study the 
questions of soil and climate, trying to find out 
what crops are best suited to different localities. 
They make experiments at various places in 
raising different kinds of crops and in the dif¬ 
ferent ways of cultivating them, and give the 
farmers the benefit of their experience. They 
also study the diseases of trees and crops of all 
kinds and the kinds of insects that injure them, 
and in many other ways endeavor to assist the 
farmers throughout the state. 

Secretary of State.— The Secretary of Statens 
the custodian of the seal of the state and the 
keeper of all records belonging to the Gov¬ 
ernor’s office or to the Legislature or to Consti- 


EXECUTIVE DEPARTMENT. 


251 


tutional Conventions. He issues all proclama¬ 
tions made by the Governor. He receives and 
keeps the election returns for all state and dis¬ 
trict officers and turns them over to the proper 
officers to be counted. He calls the House of 
Representatives to order when it first meets 
and administers the oath of office to the mem¬ 
bers. Commissions, that is written statements 
of the fact that a person is entitled to hold a 
specified office are issued by him to all state and 
district offices and to all notary publics. He 
receives, approves and files the charters of all 
corporations and receives all franchise taxes 
from them. He issues permits to all foreign 
corporations except insurance companies, to do 
business in the state, and has a number of other 
duties similar to those enumerated. He also is 
given a number of clerks and assistants. He is 
appointed by the Governor and holds office for 
two }^ears. 

Commissioner of Insurance and Banking.— 

This is a relatively new office made necessary 
by the increase of business in the state. Its 
duties are of several different kinds. The most 
important relate to insurance companies doing 
business in this state, and to state banks. Un¬ 
der the law he has a number of large powers 
in connection with each of these. He issues all 
permits to insurance companies of all kinds 


252 


ELEMENTARY CIVICS. 


doing business in Texas, and has the right to 
inspect their records and find out all about the 
companies and their way of doing business. 

His duties as to banks are also extensive. The 
law puts a great many safeguards around the 
state banks in order to be sure that the people 
who leave their money with them will not lose 
it. It is the duty of this officer to see that alh 
these laws are complied with. 

He also has important duties with reference 
to state statistics and in connection with the 
history of the state. The importance of these 
last matters is becoming more and more recog¬ 
nized and more attention is now being given 
them. He is appointed by the Governor and 
holds office for two years. 

Adjutant General.—The Governor is com¬ 
mander in chief of the State Militia. He has too 
many duties, however, to enable him to give di¬ 
rect personal attention to military affairs. The 
officer who has charge of these matters under 
him is called the Adjutant General. It is his 
duty, under the supervision of the Governor, to 
take general control of the militia of the State 
and of all matters of business pertaining to mili¬ 
tary affairs of the State Government. He also 
is appointed by the Governor for two years. 

Board of Pardons.—The Constitution confers 
upon the Governor the power of pardoning crim- 


EXECUTIVE DEPARTMENT. 


253 


inals. This power cannot be taken away from 
him by the Legislature, still the Legislature au¬ 
thorizes the appointment of men by the Gover¬ 
nor to look into all applications for pardons, to 
find out the facts concerning each case, and to 
recommend to the Governor what they think it 
is proper for him to do regarding them. The 
Legislature has exercised this power and pro¬ 
vided for two commissioners appointed by the 
Governor, who are called a Board of Pardons. 
They cannot pardon any one or prevent the Gov¬ 
ernor from pardoning any one whom he sees fit. 
All that they can do is to help the Governor in 
finding out whether or not a case is a proper 
one, and make suggestions to him as to their 
conclusions. The Governor himself, however, 
must in the end decide the matter. These com¬ 
missioners hold office for two years. 

State Health Officer. —No Government is true 
to its duties and the people governed by it un¬ 
less it takes a great deal of care of the people’s 
health. In communities where there are only a 
few people, and they live far apart, regulations 
as to health are not so necessary. But when¬ 
ever communities begin to be thickly settled 
carrying disease from one person or community 
to another becomes easy and frequent. In many 
instances this can be prevented if the proper 
steps are taken at the proper time. 


254 


ELEMENTARY CIVICS. 


We have in Texas a good many, laws on this 
subject, a State Board of Health and a State 
Health Officer, whose special duty it is to see 
that they are carried out. The State Health 
Officer acts under the general control of the Gov¬ 
ernor and the State Board of Health, and in 
connection with the local health officers through¬ 
out the state. He is charged with the enforce¬ 
ment of state quarantine laws and similar mat¬ 
ters. He is very frequently consulted by local 
officers regarding local matters. 

Since the creation of this office there has been 
no epidemic of yellow fever in the state, and the 
spread of such diseases as smallpox and others 
of like kind has been greatly lessened. The state 
is now earnestly trying to control and prevent 
the spread of Tuberculosis. Probably in no 
other department of political activity have the 
laws improved more in the last few years or 
been enforced with better results than in the 
Department of Public Health. 

State Revenue Agent. —The state has so many 
business transactions with so many different 
people in so many different parts of the state 
that it has been found wise to create the office 
of State Revenue Agent, The duty of the per¬ 
son holding this office is to see that all those who 
owe the State money pay it when it is due. 
Most of his business is to collect money from 


EXECUTIVE DEPARTMENT. 


255 


persons following occupations which are taxed 
by the state. It is easy for people who ought to 
pay these taxes and take out license, to go into 
business without doing so. This officer and his 
representatives go from place to place through¬ 
out the state to find out whether or not anything 
of this kind is being don«. If they find any such 
violations of the law they collect the money from 
the person owing it and make him take out his 
license. If the persons will not do this, the offi¬ 
cer reports them to the district or county attor¬ 
ney to be prosecuted and punished. 

State Purchasing Agent. —The state has a 
great many public institutions that it keeps up. 
Most of these are charitable in their nature, like 
the Deaf and Dumb or Blind Institutions, or the 
different asylums for the insane. Some of them, 
like the penitentiary, are necessary in the en¬ 
forcement of the criminal laws. None of these 
institutions can be maintained without the buy¬ 
ing of a great many supplies by the state. For¬ 
merly it was the custom for the head of each 
such institution or some one appointed by him 
or by the Board of Managers of the institution 
to buy the supplies for that particular institu¬ 
tion. This proved unsatisfactory, so that a short 
while ago a law was passed authorizing the Gov¬ 
ernor to appoint an officer whose duty it is to 
buy supplies of all kinds for all of these institu- 


256 


ELEMENTARY CIVICS. 


tions. This is done principally by advertising 
for bids for supplies of all sorts in large quanti¬ 
ties to be delivered from time to time to the dif¬ 
ferent institutions where they are to be used 
and examining these bids and accepting those 
which are best for the state. The plan has 
proved very successful. 

State Tax Commissioner. —This is a new of¬ 
fice, created for the purpose of securing better 
results in levying and collecting taxes. It is his 
duty to study carefully all matters of taxation 
and make recommendations to the Governor as 
to the best methods of raising money by taxa¬ 
tion. He also looks especially after levying and 
collecting taxes against corporations. He and 
the Secretary of State and the Comptroller con¬ 
stitute the Board known as the Intangible Tax 
Board, whose special duty it is to regulate taxes 
on railroads and on the propetry of similar cor¬ 
porations. 

Pension Commissioner. —There are a number 
of disabled Confederate soldiers still living. 
Many of these are poor and unable to provide 
for themselves. The state allows each of these 
a small amount as a pension. It is the duty of 
the Pension Commissioner to look after all mat¬ 
ters pertaining to the allowance and pavmnet 
of these pensions. 

Other State Executive Officers. —The duties 


EXECUTIVE DEPARTMENT. 


257 


of the office of Superintendent of Public Build¬ 
ings and Grounds; Texas Library and Historical 
Commission; State Expert Printer; Commission¬ 
er of Labor Statistics; State Inspector of Ma¬ 
sonry, Public Buildings and Works; Live Stock 
Sanitary Commsision; State Mining Board; Pure 
Food Commissioner, and the Game, Fish and 
Oyster Commissioner, are fairly well indicated 
in the respective names of their offices. Each 
of them is entrusted with matters of real value 
to the public. Some of them are of the very 
highest importance. 

Different State Boards. —All the state insti¬ 
tutions are managed by Boards appointed by 
the Governor. The rules governing these dif¬ 
ferent institutions differ in detail, but they are 
still very much alike. These different Boards 
have the general management and supervision 
of the different institutions under their charge. 
They determine to a large extent what shall and 
what shall not be done in them and appoint or 
over-look the appointment of persons who are 
actually engaged in the work of each. 

Railroad Commission. —There are three offi¬ 
cers in Texas known as Railroad Commissioners 
who together make up the Railroad Commission. 
These are usually classed as members of the 
Executive Department, but as their work and 
duties are almost all of them related to railroads 


258 


ELEMENTARY CIVICS. 


we will leave a discussion of them until that 
matter is taken up in a subsequent chapter. 

County Officers. —There are a number of 
county officers provided for by the laws of Texas 
who are members of the Executive Department. 
We have considered these in the general treat¬ 
ment of our topic and will take up their duties 
again in connection with county government. 
We will not treat of them further at this place. 


QUESTIONS. 

1. State briefly and accurately the powers and duties of 
the Superintendent of Public Instruction; of the Commis¬ 
sioner of Agriculture; of the Secretary of State; of the 
Commissioner of Insurance and Banking; of the Adjutant 
General; of the Board of Pardons; of the State Health 
Officer; of the State Revenue Agent; of the State Purchas¬ 
ing Agent; of the State Tax Commissioner; of the Pension 
Commissioner. 


CHAPTER XXII. 

Judicial Department of the State Government. 

Introduction.— This is the third time that we 
have had judicial power under consideration. 
We treated it very briefly under General Prin¬ 
ciples of Government. We dealt with it a 
little more extensively in connection with the 


JUDICIAL DEPARTMENT. 


250 


United States government. By this time we 
ought to be able to understand still fuller dis¬ 
cussion. 

The fact that distinguishes law from advice 
is that law must be obeyed by the person sub¬ 
ject to it, while advice may be taken or rejected 
as the person to whom it is offered may choose. 
It is useless to say that law must be obeyed 
unless the law giver has some way to compel 
obedience. This may be done either by offer¬ 
ing a reward for obedience or inflicting a pen¬ 
alty for failure to obey. The latter method is 
very much more likely to be effective and is 
the one adopted by sovereignty. 

It would not be just to give reward to par¬ 
ticular persons or to inflict penalties upon them 
until it was definitely known whether they had 
obeyed or disobeyed the law. To find this out 
there must be some way to investigate what 
the parties have really done or failed to do. This 
investigation would do no good if the matter 
stopped there. After the facts have been found 
they must be compared with the rules of law 
made to govern conduct of the sort under inves¬ 
tigation so as to see whether they conformed 
or not to those rules. This matter must be de¬ 
cided in such way that it cannot be again in¬ 
quired into. If it is ascertained that the con¬ 
duct was in conformity with law and proper, 


260 


ELEMENTARY CIVICS. 


rewards ought to be given. If it is found that 
the conduct was not in conformity with law, 
penalties should be inflicted. 

The process just described of investigating 
conduct, comparing it with the law, deciding its 
quality and bestowing rewards or imposing 
penalties is the exercise of judicial power. It 
is easily seen that there can be no real and just 
government without the exercise of such power. 

Judicial Power of the State of Texas. —-The 
Judicial Powers of the states are very great. 
Some of these powers are exclusive of the judi¬ 
cial powers of the Federal government. Some 
of them are concurrent with those powers. Some 
matters are outside of the judicial power of 
the state, but within that of the Federal gov¬ 
ernment. To state this differently; there are 
some judicial powers exclusively in the state 
government. These can be exercised only 
through state courts. There are some of these 
judicial powers exclusively in the Federal gov¬ 
ernment and these can be exercised only through 
the Federal courts. There are a great many of 
these powers that are concurrent, that is, exist 
at the same time, in both the state and Federal 
governments and may be exercised by either 
state or Federal courts. 

In our study of the Federal government we 
found that the legislative powers of that gov- 


JUDICIAL DEPARTMENT. 


261 


eminent and of the states were largely ex- 
clusive of one another. This is reasonable and 
just. It would be very unfortunate to have two 
law-making bodies passing laws on the same 
subject to be obeyed by the same people. No 
good results could possibly come from such an 
arrangement. Only confusion and conflicts of 
authority could result. 

There is no such necessity for many of the 
judicial powers of the two governments to be ex¬ 
clusive. If Congress passes a law within its 
power, this law becomes a rule of action to be 
observed by every person in the United States. 
Each such person must make his conduct con¬ 
form to it or he is subject to the penalties pro¬ 
vided for its violation. The same is true as 
to the states. If a state legislature passes a 
law within its power, this becomes a rule of 
action for every person within that state and 
he must conform his action to it or become 
subject to the penalties provided for disobedi¬ 
ence. In each case, that is whether the law is 
made by Congress or by a state legislature, 
we must all obey it. In addition every one sub¬ 
ject to a law is supposed to know that law. 
This is particularly true of those men who have 
studied law sufficiently to be selected as judges, 
either in the state or Federal court. Each 
judge, whether state or Federal, must take an 


262 


ELEMENTARY CIVICS. 


oath to obey and enforce the Constitution and 
laws of the United States and of the state in 
which his courts are held. There are, there¬ 
fore, no broad questions of public policy which 
prevent Federal courts from enforcing state 
laws or state courts from enforcing Federal 
laws. 

There are, however, certain kinds of cases in 
which the judicial powers of the two govern¬ 
ments are respectively exclusive. The most im¬ 
portant of these are those charging crimes 
against the laws of the respective governments. 
It would not be wise for Federal courts to try 
cases for violations of the criminal laws of the 
state; nor for state courts to try cases for vio¬ 
lations of the criminal laws of the United 
States. This fact is recognized by both gov¬ 
ernments and the criminal jurisdiction of the 
courts of each is absolutely exclusive. An¬ 
other class of cases, exclusively within the juris¬ 
diction of the Federal courts, are cases be¬ 
tween private individuals, where the rights 
claimed depend entirely upon congressional leg¬ 
islation. Most of these cases are one of three 
kinds—suits for violation of patent rights, suits 
for violation of copyrights and bankruptcy 
proceedings. Another class of cases exclusively 
within the jurisdiction of the Federal Courts 


JUDICIAL DEPARTMENT. 


263 


are suits for wrongs occurring on the high seas, 
called Admiralty cases. 

No Federal court can have power to hear any 
case not within the judicial powers of the Fed¬ 
eral government. The nature and extent ot 
those powers we considered in chapter XIII, 
and will not take up again. Cases outside of the 
judicial powers of the United States govern¬ 
ment must of necessity be tried in the state 
courts if tried at all. 

Another matter necessary to a complete un¬ 
derstanding of this subject was also touched 
upon in connection with the Federal judicial 
powers. It is this, that Congress has not created 
any court through which to exercise some of the 
judicial power of the Federal government. For 
example: The judicial power of the United 
States extends to all controversies between citi¬ 
zens of different states, without reference to the 
amount involved. At this time there is no Fed¬ 
eral court that can try such a case unless it in¬ 
volves as much as $3,000. From this it follows 
that controversies between such parties for 
amounts less than that, so far as the Federal 
court are concerned, must go unsettled. How¬ 
ever as these cases come also within the judicial 
powers of the states, such suits may be brought 
and tried in the state courts. 

The people of Texas can make such provision 


264 


ELEMENTARY CIVICS. 


for the exercise of their judicial power as they 
may see fit. They can give all this power to one 
court or may divide it among such different 
courts as they prefer. In point of fact they 
have created a number of classes of courts 
through which to exercise their judicial power. 

The Present Texas Judicial System. —The 
series of different courts which the people keep 
up through which to exercise their judicial pow¬ 
ers, as we have heretofore seen, is called a Judi¬ 
cial System. 

The Judicial System in Texas has been very 
much the same under all the Constitutions, both 
of the Republic and of the State. As it now 
stands it was created by an amendment to the 
Constitution adopted September 22nd, 1891. 

Section 1 of this amendment is as follows: 
“The judicial powers of this state shall be vested 
in one Supreme Court, in Courts of Civil Ap¬ 
peals, in a Court of Criminal Appeals, in Dis¬ 
trict Courts, in County Courts, in Commission¬ 
ers ’ Courts, in Courts of Justices of the Peace 
and in such other courts as may be provided by 
law. * * * The Legislature may establish 

such other courts as it may deem necessary and 
prescribe the jurisdiction and organization 
thereof and may conform the jurisdiction of the 
District and other inferior courts thereto.” 

You will note that this section names a num- 


JUDICIAL DEPARTMENT. 


265 


ber of courts and then gives the Legislature the 
power to creafe others. The Legislature has not 
created any other class of courts for the whole 
state though it has in a few counties made a few 
courts suitable to their special needs. 

The Constitution in other sections tells how 
each of these courts shall be constituted and or¬ 
ganized and what jurisdiction it shall have. 
These different divisions are far too long to be 
copied. We will endeavor to state in as simple 
a way as we can, though very generally, the most 
important facts about the different courts named 
above. In doing this we will reverse the order 
in which they are named in the Constitution 
and instead of beginning with the highest and 
coming down we will begin with the lowest and 
go up.. 

Justices’ Courts. —The lowest court in which 
cases are tried is called the Justice’s Court. 
There must be as many as four justice precincts 
in every county and there may be not more than 
eight. The number of precincts and their boun¬ 
daries are fixed by the Commissioners Court of 
the county. There is a Justice’s Court in each 
precinct. Each Justice’s Court is presided over 
by an officer called a Justice of the Peace who is 
elected by the people of the precinct. The ex¬ 
ecutive officer of the court is known as a con¬ 
stable. He also is elected by the people of the 


266 


ELEMENTARY CIVICS 


precinct. Each of these officers holds his place 
for two years from the time of* his election. 
These officers have no salary, but collect fees 
from the people who have business with them. 

The Justice’s Court can try civil suits, that is 
cases between persons about their private af¬ 
fairs when there is no more than $200 involved. 
This is a general rule. There are some cases' 
about lands and other special matters that muse 
be tried in other courts whether the amount be 
small or great. The justice’s courts also try 
cases for small offenses, called misdemeanors, 
that are punishable by fine not greater than 
$200.00. If the crime can be punished by fine 
greater than that or by putting the wrongdoer 
in jail the Justice’s Court cannot try the case. 

A jury in the Justice’s Court consists of six 
men. Any man who is charged with a crime in 
the Justice’s Court can have a jury, without pay¬ 
ing for it, if he wishes it. Either party to a 
civil suit may get a jury by asking for it and 
paying $3.00. The trial in the Justice’s Court 
is very informal. The justice keeps his own 
records and can give certified copies of them to 
any one who wishes them at any time. If the 
case is a civil suit for $20 or less or if it is a 
criminal case in which the fine cannot exceed 
$20 the trial in the justice’s court is final. 
This means that the case cannot be taken to any 


J UDICIAL DE PA KTMENT. 


267 


other court for a new trial. In all other in¬ 
stances the case may be carried to the County 
Court of the county and be tried over in it. 

In addition to their powers to try cases as just 
discussed, Justices of the Peace may hold exam¬ 
ining trials as magistrates. This will be ex¬ 
plained later. 

These courts also may try suits of forcible 
entry and detainer. These are cases in which a 
renter or other person has been put in possession 
of a house or land by some one having the right 
to do so and refuses to give up possession at the 
time that he ought to and the person having the 
right to the house or land brings suit to put the 
person wrongfully in possession off the prem¬ 
ises. 

Commissioners’ Court. —This is not really a 
court in the strict meaning of the word, but the 
law calls it such. There is a court of this kind 
in each county in the State. Its principal duty 
is to look after the business affairs of the county. 
It levies all county taxes; opens and keeps up all 
county roads; provides the county with court¬ 
houses and jails; looks after the paupers in the 
county; approves the bonds of county officials; 
appoints all county officers when vacancies oc¬ 
cur, except District Clerks and divides the 
county into its various political subdivisions, 


268 


ELEMENTARY CIVICS. 


as Commissioners’ Precincts, Justices’ Pre¬ 
cincts, School Districts, etc. 

This court consists of the County Judge, who 
is elected by the people of the whole county, and 
four other officers, called County Commission¬ 
ers, each of whom is elected by the voters of one 
of the Commissioners’ Precincts into which the 
county is divided. 

County Courts.—The court next above the 
Justice’s Court is called the County Court. 
There is one court of this kind in every county. 
It holds its sessions at the county seat and must 
meet at least once every three months. If the 
Commissioners Court of the county so orders it 
can meet oftener. The officers of this court are 
the County Judge, who presides over it, County 
Clerk, Sheriff, and County Attorney. This is a 
very important court and can try any criminal 
case except one in which the defendant can be 
sent to the penitentiary or hung, or unless the 
charge is against an officer for some official 
wrong. In civil matters this is the court that 
tries cases where the amount is over $200 and not 
over $500 unless there be some special question, 
such as title to land, suits for slander and some 
other matters. If the suit is for over $500.00 
and not more than $1,000.00 the trial may be in 
either the County Court or the District Court. 
The County Court has some other jurisdiction 


JUDICIAL DEPARTMENT. 


269 


about issuing writs that is too technical to be 
gone into here. 

Probate Jurisdiction of the County Court.— 

The County Court has original jurisdiction over 
all probate matters. These are actions in court 
for the purpose of taking charge of, managing 
and settling up estates of deceased persons, 
minors, insane persons, habitual drunkards, or 
idiots. The purpose of these actions is to have 
some responsible party acting under bond and 
subject to the orders of a court to control and 
manage the estates of such persons as are not 
in condition to look after their own affairs. It 
is a very important power. 

One who has charge of an estate of a deceased 
person and who is named in that person’s will 
is called an executor. If there is no will or if 
the person named in the will will not act or dies 
or is removed by the court the person selected 
by the court is called an administrator. In all 
the other proceedings of this kind, that is in 
those to take charge of the estates of minors, in¬ 
sane persons, and others who are living, the per¬ 
son put in charge of the property is called the 
guardian. The person whose estate is being 
managed is called the ward. 

It is the duty of the court in all such cases to 
watch over what the representatives of the es- 


270 


ELEMENTARY CIVICS 


tate do and protect the interests of the real 
owner of the property. 

When all the debts of a deceased person are 
paid, the balance of the estate is delivered to 
the person entitled to receive it. If the de¬ 
ceased person made a will which has been proved 
up the persons named in the will as owners are 
entitled to the property. If there was no will 
the property will be given to the heirs of the 
deceased person in shares stated in the statute. 
In the case of a guardianship over a minor, 
when he becomes of age, the court has the guar¬ 
dian to make a full report of all that has been 
done and settle the estate. This is done by 
paying all legal charges and debts and deliver¬ 
ing the balance of the estate to the ward. The 
same is true in cases of insane persons and 
others whose estates have been administered. 

Appellate Jurisdiction of the County Court. 
—As stated in connection with the Justice Court 
the County Court has appellate jurisdiction of 
all cases tried in the Justice’s Court where the 
amount involved is over $20. 

Appeals From the County Court. —All cases 
tried in the County Court upon appeal from the 
Justice’s Court, when there is as much as $100 
in dispute, and all cases first brought in the 
County Court and tried there, may be appealed. 
All such civil suits go to the Court of Civil Ap- 


JUDICIAL DEPARTMENT. 


271 


peals; all probate proceedings to the District 
Court; and all criminal cases to the Court of 
Criminal Appeals. 


QUESTIONS. 

1. How can you tell the difference between law and ad¬ 
vice? Why must there be some way to enforce obedience 
in order to make law of any value? Why does the law pro¬ 
vide penalties for disobedience? Could penalties be in¬ 
flicted justly without finding out what the parties whose 
punishment was contemplated had done and how their 
conduct compared with the law? What four things must 
be done in the exercise of judicial power? 

2. AVhat do we mean by exclusive powers of a govern¬ 
ment? What by concurrent powers ? Are there any judi¬ 
cial powers exclusively in the state government? Any ex¬ 
clusively in the Federal government? Any that are con¬ 
current in both governments? 

3. Why is it essential that the legislative powers of each 
government should be largely exclusive ? Why do not 
these same doctrines apply to judicial powers? 

4. As to what classes of cases are the judicial powers of 
the Federal Government exclusive? As to what class of 
cases are the judicial powers of the state exclusive? 

5. Can a Federal court be given the right to try a case 
not within the judicial powers of the Federal Government ? 
Has Congress created courts which may exercise all the ju¬ 
dicial power of the Federal Government? Is a suit be¬ 
tween citizens of different states for $2,000 within the judi¬ 
cial powers of the Federal Government? Has any Federal 
court power to try such case ? Can such a case be tried in a 
state court? 


272 


ELEMENTARY CIVICS. 


6. What is a judicial system ? When was the constitu¬ 
tional amendment creating the present Texas judicial sys¬ 
tem adopted? Name the different classes of courts in this 
system. 

7. What is the name of the lowest trial court in Texas? 
flow many such courts must there be and how many may 
there be in a county? Who is the presiding officer in such 
a court? Who is the executive officer? What civil suits 
may be tried in a justice’s court? What criminal cases 
may be tried there? How many men make a jury in a jus¬ 
tice’s court? What cases tried in a justice’s court can be 
appealed ? To what court do such appeals go ? What is an 
action of forcible entry and detainer? 

8. What are the principal duties of the commissioners’ 
court ? Of whom does this court consist ? By whom is each 
of these officers selected? 

9. What is the next class of courts above the justices’ 
court? How many such courts are there in each county? 
Who is the presiding officer in such court? Name the 
other officers belonging to it. What criminal jurisdiction 
has it ? What civil jurisdiction has it ? 

10. What are probate matters? What court has juris¬ 
diction over these? What is meant by administering on 
the estate of a deceased person? Are the estates of living 
persons ever taken in charge by the probate court? If so, 
of what class of persons and why? To whom is the estate 
of a deceased person delivered when the administration is 
over? When a guardianship is closed to whom is the estate 
delivered? To what court do appeals in probate cases go? 
What appellate jurisdiction has the county court? To what 
court do appeals from the county court in criminal cases 
go ? To what courts do appeals in civil cases go ? 


JUDICIAL DEPARTMENT. 


273 


CHAPTER XXIII. 

Judicial Department—Continued. 

District Courts. —These are the most impor¬ 
tant courts of original jurisdiction in Texas. 
All criminal cases which are felonies, and all 
misdemeanors which involve official misconduct 
must be tried in the District Court. A felony 
is any crime that may be punished either by 
confinement in the penitentiary or by death. 
All other crimes are called misdemeanors. All 
of the most important civil suits must be tried 
in the District Court. If the suit is for land, 
or for divorce, or for damages caused by slander 
or libel or of some other kinds, these courts 
alone have jurisdiction. In ordinary cases their 
jurisdiction is determined by the amount of 
money involved in the suit. Whenever the 
amount is over $500 the suit may be brought in 
these courts. If the amount is over $1,000 it 
must be brought in them. If it is over $500 and 
not over $1,000 it can be brought either in the 
County or District Court. 

These courts have very large and important 
powers regarding the issuance of writs for the 
purpose of controlling the conduct of individ¬ 
uals. Sometimes paying money to a person 


274 


ELEMENTARY CIVICS. 


who has been injured is not a complete remedy. 
Frequently the court will compel the wrongdoer 
to do something else for the benefit of the per¬ 
son who is injured or it will stop the wrongdoer 
from doing something in which he is engaged 
which hurts another person. This control is 
actually exercised by issuing writs from the 
court commanding the person to do the right 
thing or forbidding him to do the wrong thing. 
The District Courts have very large powers in 
such cases. 

The Constitution does not try to name all the 
kinds of cases that may be tried in the District 
Courts, but names some and then has a general 
provision which declares that if there should be 
any legal wrong done by one person to another 
and no other court has been given jurisdiction 
over it suit can be brought in the District Court. 

Appellate Jurisdiction of the District Courts. 
—District Courts have little appellate jurisdic¬ 
tion. They have none at all in civil suits proper 
nor in criminal matters. They do have such 
jurisdiction in probate matters, and in one or 
two instances in matters concerning the laying 
out of public roads. 

Appeals from the District Court. —Any case 

tried in the District Court may be appealed. In 
civil suits appeals go to the Courts of Civil Ap- 


JUDICIAL DEPARTMENT. 


275 


peals. In criminal matters to the Court of 
Criminal Appeals. 

Terms of the District Courts. —There must 
be a session of the court held at the county seat 
of every organized county at least twice each 
year. The Legislature may provide for holding 
a larger number of terms. In thickly settled 
sections of the State the Legislature may create 
a number of district courts to be held in a single 
county and fix the terms for holding their ses¬ 
sions in such way as it thinks best. 

Judicial Districts. —The Legislature divides 
the State into judicial districts making as many 
as the business of the courts and the interests of 
the people require. In most parts of the State 
several counties are combined into one district, 
the same judge presiding over all the courts, 
their sessions being held at different times. In 
some sections one county will be made into a 
district, but sometimes a county is so large and 
has so much business that several courts will 
be provided for it. 

District Judges. —There must be a district 
judge in each District. He is the presiding of¬ 
ficer of the District Courts held in his district. 
When elected he must be at least twenty-five 
years of age, and must have been a lawyer or a 
county judge for four years, must be a citizen 
of Texas and must have resided in his district 


276 


ELEMENTARY CIVICS. 


for at least two years before his election. The 
judge is elected by the qualified voters of his 
district and holds his office for four years, re¬ 
ceiving a salary of $3,000.00 per year. If a 
vacancy occurs the Governor appoints some one 
to fill the office until the next regular election. 
If there is a session of the Legislature before 
the election the Governor must send in the ap¬ 
pointment to the Senate for its approval. 

District Attorneys. —In a number of judicial 
districts the law requires that District Attor¬ 
neys shall be elected. These are lawyers chosen 
to represent the State in all suits which it may 
have in the District Courts of their Districts. 
In all criminal cases he prosecutes the defend¬ 
ant, seeking to have him punished, if he is guilty. 
He represents the State in all civil suits unless 
the law makes it the duty of the Attorney Gen¬ 
eral or the County Attorney to act for the State 
in some particular case or class of cases. 

County Attorney.— There is a County Attor¬ 
ney elected by the voters in each county in the 
State. He represents the State in all criminal 
and civil cases to which the State is a party in 
the county and Justice’s Court of his county. 
If the county in which he lives is included in a 
district in which they have a District Attorney, 
the County Attorney does not represent the 
State in the District Courts in ordinary cases. 


JUDICIAL DEPARTMENT. 


277 


In a number of districts, however, there are no 
District Attorneys. In these districts the 
County Attorney represents the State in all the 
courts. 

District Clerk. —In each county there is elect¬ 
ed a district clerk. He holds his office for two 
years. He is the clerk of all the district courts 
held in his county. As such, he must keep a 
written record of all that is done in these courts. 
He also issues all written orders of the court. 
These written orders are called processes or 
writs. He attends to the drawing of juries and 
administers oaths to all persons who have to be 
sworn about the court. 

Sheriff. —The executive officers of the district 
and county courts are called sheriffs. There is 
a sheriff elected by the people of each county, 
and he holds his office for two years. Vacancies* 
in this office are filled by appointment by the 
Commissioners Court. It is his duty to carry 
out all the orders of the court whether written 
or verbal. He serves all citations and other 
processes. He arrests all criminals and sum¬ 
mons all juries and witnesses. He looks after 
all juries while they are trying a case, preserves 
order in the court and its neighborhood, and has 
charge of the county jail and all prisoners in it. 
He may appoint deputies to assist him in the 
performance of his duties. 


278 


ELEMENTARY CIVICS. 


Grand Juries. —A Jury is a number of men 
chosen from the citizens who live in the county 
to hear and decide facts. When a jury is se¬ 
lected by a District Court for the purpose of 
finding out whether or not any of the criminal 
laws of the State have been violated, it is called 
a Grand Jury. 

Grand Juries in Texas consist of twelve vot¬ 
ers of the county in which they are impaneled, 
and must be men of good character who own 
land. Their sessions are secret, no one being per¬ 
mitted to come before them except the witnesses 
being examined and the District and County 
Attorneys. They summon persons whom they 
think know anything about the violations of the 
law, compel them to come before them, and when 
sworn, to give their testimony as to what they 
know about such matters. If, after investigat¬ 
ing the facts, the Grand Jury thinks that the 
law has been violated by anyone in that county, 
it is their duty to indict the person for the of¬ 
fense. In Texas if the offense is a felony the 
prosecution must be based on an indictment pre¬ 
sented by a grand jury. This is one of the 
guaranties contained in the Constitution. Grand 
Juries may indict persons for any of the lesser 
offenses called misdemeanor, though these may 
be prosecuted by the county or district attorney 
without action by the Grand Jury. 


JUDICIAL DEPARTMENT. 


279 


Petit Jury. —In every law suit there are two 
kinds of questions to be answered. First, wliat 
are the facts in the case. Second, what is the 
law applicable to these facts. All questions of 
law that arise in a trial are decided by the judge. 
He is supposed to have studied the law care¬ 
fully and to have made himself thoroughly ac¬ 
quainted with it. It is therefore safer to have 
questions of law passed on by him. 

The Judge,, however, is not specially trained 
to pass on the facts. For a long time it has been 
the habit in all common law countries to have 
the facts in the case decided not by the judge 
but by the jury. The men who are selected to try 
the facts of a case before a court are called a 
petit jury, more frequently simply a jury. 

In trials in the District Court a jury is com¬ 
posed of twelve men; in the county and justices’ 
courts of only six. The men who are to sit on 
the jury are selected by the parties to the suit 
or by their lawyers from a number of persons 
who are summoned before the court to act as 
jurors. After they are selected they are sworn 
to try the case according to the law and evi¬ 
dence. It is their duty to give strict attention 
to all the testimony in the case and to the law 
as the judge tells it to them and to decide the 
facts as they truly believe them to be. The de¬ 
cision of the jury is called a verdict. Under 


280 


ELEMENTARY CIVICS. 


our law it must be in writing and signed at least 
by the foreman of the jury. 

QUESTIONS. 

1. Which are the most important courts of original 
jurisdiction in Texas? What criminal cases must be tried 
in these courts? What is a felony? What is a misde¬ 
meanor? Name some of the most important civil suits over 
which these courts have jurisdiction. What general pro¬ 
vision is there in the Constitution regarding the right of 
these courts to try cases, jurisdiction to try which is not 
given to any other court? 

2. How many sessions of the district court must be 
held in each county each year? Is there any constitutional 
limit on the number that may be held? 

8. What is a judicial district? How are such districts 
usually formed? Can more than one district court be pro¬ 
vided for a county? 

4. What is the presiding officer of a district court 
called? How is he selected? What qualifications must he 
have? What are his official duties? 

5. What are the duties of a district attorney? What 
are the duties of the county attorney? 

6. What are the duties of the district clerk? of the 
sheriff? 

7. What is a Grand Jury? How many men compose a 
Grand Jury in Texas? What are their qualifications? 
What are their duties? Can a felony be prosecuted in 
Texas without an indictment by a Grand Jury? Can 
Grand Juries indict for misdemeanors? Can misdemean¬ 
ors be prosecuted in any other way? 

8. What is a Petit Jury? How many men compose 


JUDICIAL DEPARTMENT. 


281 


such a jury in the district court? How many in county 
and justice courts? How are jurors, to try a case, selected? 
What oath must jurors take? What is the decision of a 
jury called? 


CHAPTER XXIV. 

Judicial Department—Concluded. 

Procedure in the District and County Courts. 

—TV e will here turn aside from considering the 
kinds of courts we have and take up the way 
cases are tried in the District and County 
Courts. There are a great many rules on this 
subject that it would not be at all profitable 
for you to study, but it is important for you to 
know in a very general way how courts act in 
the exercise of their powers. 

There are always two parties to a lawsuit. 
One of these is the person who thinks that some 
one else has done him wrong in some way that 
the law forbids. This person is always dissat¬ 
isfied with the present conditions and wants the 
court to make the party he thinks has done him 
wrong do something to relieve the wrong. Usu¬ 
ally what he wants is to compel the person who 
has done him wrong to pay him enough money 
to make up the loss he has suffered. The per¬ 
son feeling this way makes a complaint before 


282 


ELEMENTARY CIVICS. 


the court against the one whom he thinks has 
done him wrong. The one making this com¬ 
plaint is called the plaintiff. The person against 
whom the complaint is made is called the de¬ 
fendant. 

When the plaintiff makes his complaint to 
the court and asks the court to give him relief, 
this is bringing a suit. 

In the District and County courts this com- 
plaint must be made in writing and tiled with 
the clerk of the court. It may be signed either 
by the plaintiff or by a lawyer whom he has 
employed to represent him. This lawyer is 
called the attorney or counsel for the plaintiff. 
As the plaintiff always asks the court for some 
sort of a remedy against the defendant his com¬ 
plaint filed by him with the clerk is called his 
petition. 

When the plaintiff files his petition with the 
clerk it is the clerk’s business to note the date 
on the back of the petition and to make a min¬ 
ute in one of his record books, called a docket, 
of the fact that the petition has been filed. This 
minute states the names of the parties, both 
plaintiff and defendant, what the suit is about 
and when the petition was filed. 

It would not be right to let the plaintiff come 
before the court and try his case on his state¬ 
ment and the statements of such witnesses as 


JUDICIAL DEPARTMENT. 


283 


he might bring. So the law makes it the duty 
of the clerk, as soon as the petition is filed by 
the plaintiff, to issue a notice called a citation 
to the defendant, telling him that suit has been 
brought against him by the plaintiff, what the 
suit is about, and when and where the court 
will meet to try the case. The clerk delivers this 
notice or citation to the Sheriff and he gives a 
copy of it to the defendant, who is thus informed 
of the suit against him. 

As soon as the defendant finds out about the 
case in this way it is his duty to get ready to 
try the case. Of course, if he admits all that 
the plaintiff says against him in his petition, 
and is willing for the plaintiff to get a judgment 
against him as he asks in the petition, he need 
not pay any attention to the case, and when it 
-comes to trial the court will give the plaintiff a 
judgment as requested by him. Such a judg¬ 
ment is called a judgment by default. If the 
defendant does not want such a judgment 
against him he must come before the court and 
file an answer to the plaintiff’s petition, setting¬ 
up the law and the facts as he claims them to 
be. This answer in the District and County 
courts must be. in writing and signed by the de¬ 
fendant or his attorney. 

These two papers, plaintiff’s petition and the 
defendant’s answer, and all other papers filed 


284 


ELEMENTARY CIVICS. 


by either of them showing for what he contends 
in the case, are called pleadings. The pleadings 
bring before the court the matters that are to be 
tried in the case; so that the judge and the jury 
and the parties to the suit may know just what 
the suit is about and what is to be settled by it. 
Each party must now get ready to prove the 
facts as he claims them to be. If he has an} 
papers that go to show the truth of the matters 
in dispute, often he can use them as evidence. 
If there are any persons who know about the 
facts he can bring them before the court and 
let them testify. If the witness, that is, the 
person knowing the facts about the case, is sick 
or old, or lives outside of the county where the 
suit is to be tried, the person wishing to use 
his testimony can have him examined under 
oath before a proper officer, have his answers 
written down, signed and sworn to by him and 
sent to the court by the officer taking his an¬ 
swers. Testimony taken in this way is called 
a deposition, and may be read before the court 
in the trial of a case. 

When the court meets and the proper time 
comes for trying the case the Judge calls the 
case and asks the parties if they are ready to 
try. If they are they go on with the trial. If 
they are not, the time for trial can be post¬ 
poned by agreement of the parties if they are 


JUDICIAL DEPARTMENT. 


285 


willing,, or on request of either party for good 
reasons shown by him. 

When the case is called for trial is the time 
for selecting the jury, if there is to be one in 
the case. If neither party asks for a jury the 
whole case, both law and facts, will be decided 
by the Judge. If either party demands a jury 
the Judge decides the questions of law and the 
jury the facts about which the parties differ in 
their petition and answer. 

When the trial begins the Judge or the Judge 
and Jury, if one be demanded, then hear the 
plaintiff or his lawyer read his petition, and 
the defendant or his lawyer read his answer. 
There may be other pleadings in the case, if so 
these are read. Then the plaintiff must prove 
his case, either by written evidence or by the 
testimony of witnesses. When the plaintiff gets 
through offering evidence, then the defendant 
brings in his proof. The investigation goes op 
until both parties get through with their evi¬ 
dence. 

After the evidence is all in the lawyers argue 
the case. If there is no Jury, both the law and 
the facts are argued to the Judge. If there is a 
Jury, the law is argued to the Judge and the 
facts to the Jury. 

When the argument is through, if there is no 
Jury, the Judge either decides the case at that 


286 


ELEMENTARY CIYICS. 


time, or, if he is in any doubt on any point, takes 
the case under consideration and states his de¬ 
cision at some later time. If there is a Jury, 
when the argument is over the Judge reads to 
the Jury his charge in the case. This charge 
is a statement of the rules of law that are to be 
applied by the Jury to the facts in the case as 
they find the facts to be. The Jury then retire in 
charge of an officer and discuss the case, trying 
to agree as to what the facts are and what con¬ 
clusion they should come to as to the rights of 
the parties to the suit. When they do come to 
a conclusion they write this down and the fore¬ 
man signs it, and all the Jury comes into court 
and hands the paper upon which their conclu¬ 
sion is written, to the clerk of the court and he 
reads it. This conclusion as to the facts made 
by the Jury is called a verdict. Our law requires 
all the Jurors to agree to the verdict. If they 
cannot do this the Judge discharges them and 
the case has to be tried over as though it had 
not been tried. 

It is the duty of the court then to render a 
judgment in accordance with the verdict re¬ 
turned by the Jury. This judgment is a state¬ 
ment by the court of the rights of the parties as 
shown by the verdict and a declaration as to 
whether or not the plaintiff shall have any rem- 


JUDICIAL DEPARTMENT. 


287 


e(ty against the defendant, and if so, what the 
remedy shall be. 

It is the duty of the lawyer representing the 
side which wins the case, to reduce this judg¬ 
ment of the court to writing and hand it to the 
clerk to be made a matter of permanent record 
by entering it in a book called the minutes of 
the court. The judgment when so entered set¬ 
tles the rights of the parties to the suit as to the 
matters tried in it, and neither one of them can 
ever afterward dispute the rights of the other as 
declared in the judgment, unless in some proper 
way the judgment is set aside. 

New Trials.—When a case has been tried and 
decided in the way that we have outlined, the 
party losing can ask the Judge who presided 
in the trial to set the trial aside and give him an¬ 
other. This is called moving for a new trial. In 
doing this the losing party states all the reasons 
that he has for thinking the first trial was not 
carried on properly. If he shall convince the 
Judge that there has been any serious errors 
committed it is the duty of the judge to give the 
new trial and rehear the case. 

Appeals.—If, however, the losing party can¬ 
not convince the judge that he ought to have a 
new trial he may take the case up to a higher 
court for that court to go over the record and 
say whether or not the case was tried in accord- 


288 


ELEMENTARY CIVICS. 


ance with the law. If the higher court thinks 
it has been, it Avill decide that the judgment of 
the lower court was right and must stand. If, 
however, the higher court thinks that there was 
error of any consequence committed in the trial 
court it can do one of several things. It may 
set the whole judgment aside and send the case 
back for another trial, or, if the error did not 
affect the whole suit, but just some separable 
part of it, the higher court can set aside so much 
of it as was wrong, and send only the matter 
affected by this back to the lower court for an¬ 
other trial. Sometimes when the record shows 
that the case has been so tried that there are no 
new facts that could be brought before the court 
by either of the parties, the Appellate Court will 
set aside the judgment rendered in the lower 
court and render such judgment itself as the 
lower court ought to have rendered. This last, 
however, is not often done. 

Courts of Civil Appeals.—Texas is divided 
into eight Supreme Judicial Districts. In each 
of these there is a Court of Civil Appeals, each 
consisting of three judges, one the Chief Jus¬ 
tice and two Associate Justices. Each court has 
one term a year, extending from the first Mon¬ 
day in October to the last Saturday of the follow¬ 
ing June. These courts have no original juris¬ 
diction and can only try civil suits that have al- 


JUDICIAL DEPARTMENT. 


289 


ready been tried in the County or District 
courts, and have been brought up to the Court 
of Appeals for the purpose of finding whether or 
not the trials have been properly carried on. No 
new testimony can be heard in these courts. A 
copy of all that was done in the trial court which 
will throw any light on the matters that are to 
be heard in the Court of Appeals is made by the 
clerk of the lower court and is sent up to the 
higher court by the party taking up the case. 
This is called a Transcript. The case is tried 
and decided on this record made in the lower 
court. If that shows that no error was commit¬ 
ted the judgment of the lower court will stand. 
If there was error the judgment will be set aside 
and the case disposed of by one of the methods 
discussed in the last paragraph. 

Supreme Court.—There is one Supreme Court 
in Texas. It also consists of three Judges, one 
the Chief Justice and two Associate Justices. 
They are elected by the voters of the state and 
hold office for six years. This court sits at Aus¬ 
tin. It holds one session each year, beginning 
the first Monday in October and closing the last 
Saturday in June of the next year. It is the 
highest court in the state in civil cases, but it 
has no criminal jurisdiction. Its appellate jur¬ 
isdiction is limited to certain kinds of cases 
which have been tried in the District Courts 


290 


ELEMENTARY CIVICS. 


and carried to the Courts of Civil Appeals. No 
cases can be carried from the County or District 
Courts directly to the Supreme Court. 

The purpose of the Supreme Court is to keep 
the decisions of the different Courts of Civil Ap¬ 
peals in harmony. As there are eight of those 
courts, each having the same powers, and neither 
having any control over the other, there is great 
danger that their decisions might become incon¬ 
sistent and conflicting. Therefore, we have the 
Supreme Court, which can take up . and try any 
questions coming from the District Courts to 
these Courts of Appeals, and in this way can 
keep the decisions of these courts uniform 
throughout the state. 

The procedure in the Supreme Court is very 
much like that in the Courts of Civil Appeals. In 
cases brought to it from the Courts of Civil Ap¬ 
peals the trial must be on the Transcript, and is 
confined to the points that have been made, first 
in the trial court and then in the Court of Civil 
Appeals. If the Supreme Court finds no error 
in the decision of the Court of Civil Appeals the 
action taken by that court will be sustained. If 
it does find error in that action, it will make such 
orders in the case as the law requires. 

The Supreme Court also has original jurisdic¬ 
tion to grant certain kinds of writs named in the 
statutes, in order to remedy wrongs done by 


JUDICIAL DEPARTMENT. 


291 


District and State officers. No such writ, how¬ 
ever, can be issued against the Governor. 

In these cases the parties to the suit prepare 
and file their petition and answer as is done in 
the District Court. The court then examines 
these papers. If they show any dispute between 
the parties as to any facts of any importance in 
the case, the court will not hear it. This court 
has no way to impanel a jury or to try facts. 
If, however, there is no dispute about the facts, 
and the only difference between the parties is on 
question of law and the facts as agreed upon, 
seem to show that the officer complained against 
has done wrong in some official act, or in refus¬ 
ing to act officially, the court will set the case 
down for trial at a day fixed by it. At that 
time the parties come before the court and argue 
the law of the case, and the court takes the mat¬ 
ter under advisement and decides it as in its 
judgment the law requires. 

The Supreme Court also has power to make 
rules for the government of the other courts in 
the state in all matters that are not governed 
by acts of the Legislature. 

Court of Criminal Appeals.—The highest 
court in criminal cases is the Court of Criminal 
Appeals. It also consists of three judges. All 
of these are elected judges of the Court of Crim¬ 
inal Appeals. After their election they se- 


292 


ELEMENTARY CIVICS. 


lect one of their number who is to act as Pre¬ 
siding Judge. These Judges are elected by the 
people of the state and hold office for six years. 
Criminal cases tried in the County or District 
courts, in which the defendant is convicted, may 
be appealed to this court. If the state loses a 
criminal case in the trial court it is not allowed 
to appeal. When defendant has been convicted 
and appeals he has the clerk of the court in 
which the trial took place to make out a tran¬ 
script, that is, a copy 'of all that took place in 
the trial, and send this to the Court of Criminal 
Appeals, where the trial is had on it. The attor¬ 
ney for the defendant, called appellant in this 
court, tries to convince the Court of Criminal 
Appeals that the lower court committed some 
error in the trial which was hurtful to the de¬ 
fendant. The representative of the state tries- 
to show that no such error was committed. The 
court can either affirm the case, that is, approve 
the judgment of the lower court, or set the judg¬ 
ment aside and send the case back to the lower 
court for retrial, or in some cases can set the 
judgment aside and dismiss the prosecution, 
thus ending the matter. 

Examining Magistrates and Trials by Them. 
—All Justices of the Peace and all County and 
District Judges are known as magistrates and 
are authorized to hold examining trials. These 


JUDICIAL DEPARTMENT. 


293 


are not regular trials in which final judgment is 
rendered for either party, but are investigations 
held for the purpose of finding out whether or 
not it is probable that some person accused of 
crime is guilty as accused. If the magistrate be¬ 
lieves the person guilty he puts him in jail or 
makes him give bond for the purpose of having 
him before the proper court when it shall meet 
to try his case and settle questions of his guilt 
or innocence. In examining trials all the testi¬ 
mony on both sides is written down and signed 
by the witnesses, and these sworn statements 
are preserved by the magistrate and sent by him 
to the next Grand Jury. The Grand Jury ex¬ 
amines these and any other testimony that it 
wishes that may bear on the subject, and decides 
whether or not the defendant ought to be in¬ 
dicted. If he should be, the indictment is pre¬ 
pared and the defendant is arrested and put 
upon trial in the proper court. If the Grand 
Jury does not indict him he is turned out of jail 
or his bond released, as the case may be. 

QUESTIONS. 

1. How many parties must there be to a law suit? 
What is the party bringing the suit called? What is the 
party against whom the suit is brought called? IIow is a 
suit brought in a district or county court? What is the 
complaint filed by the plaintiff called? 


294 


ELEMENTARY CIVICS. 


2. What must the clerk do when the plaintiff files his 
petition ? What is meant by issuing a citation ? What in¬ 
formation must a citation give to the defendant ? To whom 
does the clerk deliver the citation, and what does the party 
receiving it from him do with it? 

3. What is a judgment by default and under what cir¬ 
cumstances may it be taken? 

4. When the defendant is cited, if he wants to contest 
the case, what must he do ? What is the paper filed by him 
called ? 

5. What are the pleadings in a case ? What is the pur¬ 
pose of these pleadings? 

6. ITow can the parties to a suit prove the facts for 
which they contend? 

7. When a case is called for trial what must be done? 

8. If no jury is demanded, who tries the facts? If a 
jury is demanded, who tries the facts? 

9. When are the pleadings of the parties read? What 
comes next after this? When and by whom is the case 
argued ? 

10. If there is no jury, when is it usual for the judge 
to decide the case? If he is in doubt on any point, what 
may he do? 

11. If there is a jury, what follows after the close of 
the argument? Who then takes care of the jury? 

12. If the jury come to a conclusion, how do they 
make this known to the court ? What is this conclusion 
called? If the jury can not agree, what is done? 

13. What is a judgment ? Whose duty is it to prepare 
the judgment and have it entered of record? What is the 
effect of the judgment on the rights of the parties to the 
suit as to the matters covered by the judgment ? 

14. What is a new trial ? By whom may new trials be 
granted ? What is the effect of granting a new trial ? 


PUBLIC SCHOOLS. 


295 


15. If the judge will not give a new trial what further 
remedy has the losing party? What can the appellate 
court do with the case when it is brought before it on ap¬ 
peal ? 

16. How many Courts of Civil Appeals are there in 
Texas? How many judges are there on each of these 
courts ? How many terms a year does each court hold ? 
What kind of jurisdiction have they? On what is a case 
tried in this court? 

17. How many Supreme Courts in Texas? How many 
judges are on the Supreme Court? What original jurisdic¬ 
tion has this court? What appellate jurisdiction has it? 
How do proceedings in this court in trying cases on appeal 
correspond with that in the Court of Civil Appeals? 

18. What is the highest court having jurisdiction over 
criminal cases called? How many judges on this court? 
What jurisdiction does it have? 

19. What is a magistrate? What is an examining trial? 
Can a defendant be acquitted or punished in such trial ? 
Why? 


CHAPTER XXV. 

Public Schools of Texas. 

Historical References. —From the time that 
the Anglo-Americans first came to Texas they 
have insisted upon a good system of public 
free schools. The Declaration of Independence 
that was adopted on March 2nd, 1836, stated as 
one of the serious grievances against the Mex¬ 
ican Government that it had failed to provide 


296 


ELEMENTARY CIVICS. 


any system of public education. The Republic 
of Texas was then an experiment, its future de¬ 
pending on the success of the war that was then 
being waged with Mexico, so that nothing prac¬ 
tical could be done at that time toward starting 
a school system. 

After the successful termination of the Texas 
revolution the Republic and then the State were 
so much in debt and so many other matters of 
serious importance were before the people that 
it was a number of years before the public 
schools were actually opened. 

This does not mean that the people or their 
representatives in Congress or the Legislature 
had lost interest in the matter. On the contrary, 
from time to time laws were passed setting aside 
large portions of the public lands for the sup¬ 
port of the schools. Most of these lands were 
set aside for the benefit of the school funds of 
the state, but a good deal was given to each or¬ 
ganized county to be used by it for school pur¬ 
poses. Lands thus set aside and the money 
which has been received from the sale of parts 
of them make the greater part of our present 
school fund. 

Constitutional Provisions—Every constitu¬ 
tion from the date of the Republic to the pres¬ 
ent time has had provisions regarding the pub¬ 
lic schools. The general spirit and purpose of 


PUBLIC SCHOOLS. 


297 


these has been the same. In our present consti¬ 
tution there is an entire Article comprising fif¬ 
teen sections, devoted to this subject. 

School Funds.—The Constitution speaks of 
three state school funds, called, “perpetual,” 
4 4 permanent, ’ ’ and ‘ ‘ available. ’ ’ Why a distinc¬ 
tion is made between perpetual and permanent 
we need not discuss. The use of the two terms, 
perpetual and permanent, is quite confusing. 

The Constitution undertakes to define these 
two terms by stating the different items which 
go to make them up. We will make these defin¬ 
itions as plain as the subject will admit. 

There is also some confusion in the different 
uses of the term available school fund. This 
grows out of the fact that an amendment to the 
Constitution includes in this fund one very im¬ 
portant item that was not embraced in it in the 
Constitution as originally adopted. 

Perpetual Funds.—Section 2, Article 7, of the 
Constitution, 1876, defined the perpetual fund 
in these words, “All funds, lands, and other 
property, heretofore set apart and appropriated 
for the support of the public schools; all the al¬ 
ternate sections of land reserved by the state 
out of grants heretofore made or that may here¬ 
after be made to railroads, or other corpora¬ 
tions, of any nature whatsoever; one-half of the 
public domain of the state; and all sums of 


298 


ELEMENTARY CIVICS. 


money that may come to the state from the sale 
of any portion of the same, shall constitute a 
perpetual public school fund.” 

From this it is seen that the perpetual fund 
comprises, first, all lands and other property 
which prior to the adoption of this Constitu¬ 
tion, in 1876, had been set apart for the public 
schools; second, all the lands that the state had 
kept when it was making grants to corporations 
engaged in public service, such as railroads, 
navigation companies, and others; third, and 
one-half of all the public lands still belonging to 
the state; and, fourth, all sums of money that 
should be received by the state from the sale of 
any of the lands or property before mentioned. 

We will treat these several provisions sepa¬ 
rately. 

The first is very general. Its evident pur¬ 
pose is to keep in the perpetual school fund 
every thing of value that had formerly belonged 
to the public schools and to make all of these 
items capital or principal, which was not to be 
used in carrying on the schools, but which should 
be held as sources of revenue from which to ob¬ 
tain available funds each year. 

This capital consisted of bonds, lands and 
other property. Whatever its nature after this 
Constitution went into effect it became part of 
the perpetual fund. 


PUBLIC SCHOOLS. 


299 


The second item mentioned is the alternate 
sections of land. These are most probably in¬ 
cluded in the lands enumerated in the first. In 
order that there should be no doubt about the 
matter these alternate sections of land are men¬ 
tioned separately. It will be necessary to ex¬ 
plain to you what is meant by these alternate 
sections. 

In the settlement of Texas it was very impor¬ 
tant to have railroads built and the rivers of the 
state opened up for navigation, and to have 
steamboats to run upon them. In order to en¬ 
courage the making of public improvements of 
these kinds the state offered to give the persons 
or corporations making such improvements cer¬ 
tain amounts of. land according to the kind and 
extent of improvement made. In offering these 
lands the state required that the companies re¬ 
ceiving them, when they surveyed land for 
themselves, should divide it up into tracts of 
640 acres each, called sections, and that every 
company that surveyed a section for itself should 
survey another section adjoining it for the 
state, which should continue to belong to the 
state. These sections surveyed for the state in 
this way are called alternate sections, and are 
the lands referred to in this clause. By it they 
are made part of the perpetual school fund. 

The third item is an addition to the school 


300 


ELEMENTARY CIVICS. 


When this section was adopted in 1876 the 
fund. It embraces one-half of all lands then 
belonging to the state which had not formerly 
constituted part of the school fund. This 
grant increased the school fund very much. 

The fourth item consists of all sums of money 
that may come to the state from the sale of any 
of the land or property included in the first 
three clauses. This was intended to remove 
all doubt as to whether money received from 
the sale of any of said .property should be per¬ 
petual or available school funds. 

Taken together this section of the Constitu¬ 
tion declares that all property of any kind men¬ 
tioned in it and all money received from the sale 
of any such property shall forever remain a part 
of the perpetual school fund. 

Permanent School Fund.—Section V, Article 
7, of the Constitution provides that 4 ‘the prin¬ 
cipal of all bonds and other funds and the prin¬ 
cipal arising from the sale of land hereinbefore 
set apart to said fund shall be the permanent 
school fund.” 

By comparing this section with portions of 
section 2 of this Article, which we have just dis¬ 
cussed, you will see that all of the items which 
are here declared to be permanent fund are de¬ 
clared by Section 2 to be a part of the perpet¬ 
ual fund. 


PUBLIC SCHOOLS. 


301 


Constitution expressly forbade the use of any 
part of this permanent fund for carrying on the 
schools. 

Available Fund.—This fund means the money 
that may be used each year in support of the 
schools. The Constitution of 1876 defines this 
fund, in Section 3 of Article 7, in the following 
words, u One-fourth of the revenue derived from 
the state occupation taxes, and a poll tax of one 
dollar on every male inhabitant of this state be¬ 
tween the ages of 21 and 60 years, shall be set 
apart annually for the benefit of the public free 
schools, and in addition thereto, there shall be 
levied and collected an annual ad valorem state 
tax of such amount, not to exceed twenty cents 
on the one hundred dollars valuation, as, with 
the available school fund arising from all other 
sources, will be sufficient to maintain and sup¬ 
port the public free schools of this state for a pe¬ 
riod of not less than six months in each year.” 
These items remain unchanged. We will take 
them up in the order in which they are enu¬ 
merated. 

The first source of revenue going into the 
available school fund is the occupation taxes 
levied by the state. Under our Constitution the 
Legislature has the power to make persons pur¬ 
suing different occupations pay a certain sum 


302 


ELEMENTARY CIVICS. 


each year for the privilege of carrying on their 
several businesses. Such taxes were formerly 
very common in Texas. In later years the pol¬ 
icy has changed and now very few occupations 
are taxed. One-fourth of whatever money 
comes to the state from this source each year 
goes into the available school fund. 

The next item going into this fund is money 
collected as poll taxes. You will notice that as to 
occupation taxes the statement is that one-fourth 
of the revenue derived from that source shall go 
into the available fund, but the Constitution 
does not say that any such taxes must be levied, 
nor, if the levy is made, how much it shall be. 
It is different as to poll taxes. The language 
here is, u a poll tax of $1.00 on every male in¬ 
habitant of this state shall be set apart annually 
for the benefit of the school fund.” Hence, yon 
see, the Constitution itself requires positively 
that a poll tax shall be levied each year, and that 
it shall be $1.00 for every poll. A poll here means 
a head or an individual. So that under this pro¬ 
vision every man in Texas over twenty-one and 
under sixty is required to pay $1.00 a year tax 
on his head. The whole of this must go into the 
available school fund. The legislature has re¬ 
lieved, or attempted to relieve, certain persons 
under disability under sixty years from the pay- 


PUBLIC SCHOOLS. 


303 


ment of poll taxes. No one has questioned this 
so far as I know. 

The next item-is an ad valorem state tax not 
to exceed twenty cents on the one hundred dol¬ 
lars valuation of property. This is not made ab¬ 
solutely obligatory like the poll tax, but is left 
to the Legislature to decide. Still the duty is 
clearly imposed upon that body to levy a suffi¬ 
cient sum not to exceed twenty cents on the one 
hundred dollars to keep up the schools all over 
the state for not less than six months of each 
year. 

These are all the items of the available school 
fund mentioned iii Section 3. Section 5 of the 
same Article adds to the available school fund 
as just discussed, “all interest on all bonds or 
other indebtedness constituting part of the 
school fund.” 

These items taken together were all the state 
funds which could be used for carrying on the 
common schools under the Constitution of 1876 
as originally adopted. They were entirely inade¬ 
quate to provide even fair educational advan¬ 
tages for all of the children of the state. The 
demand for such advantages was great and con¬ 
tinued to increase. 

In 1891 the Legislature proposed an amend¬ 
ment to Section 5, Article 7, which was intended 
to enable subsequent Legislatures to increase 


304 


ELEMENTARY CIVICS. 


the available fund. This was to be done by per¬ 
mitting the Legislature to take from the perma¬ 
nent fund each year one per cent of its value and 
include this sum in the available fund. This 
amendment was adopted in September, 1891, 
and the Legislature now has such authority. This 
power has not been exercised up to this time. 

The increased taxable values, interests and 
rents have relieved the situation very much since 
this amendment was adopted. 

Recapitulating these different provisions of 
the Constitution, we find that at this time the 
available state school fund consists of the fol¬ 
lowing items: 

1. One-fourth of the state occupation tax. 

2. All state poll taxes. 

3. Interest on bonds, land notes, and other 
indebtedness belonging to the permanent school 
fund. 

4. Rents on the school land. 

5. Ad valorem taxes not to exceed twenty 
cents on the one hundred dollars of valuation 
levied by the Legislature from time to time, and 

6. Not exceeding one per cent of the value 
of the permanent fund, provided the Legisla¬ 
ture shall see fit to so provide for any year. 

Investment of the Permanent School Fund.— 
The investment of the permanent school fund 
is made by the Board of Education. This Board 


PUBLIC SCHOOLS. 


305 


consists of the Governor, Comptroller and the 
Secretary of State. The Superintendent of Pub¬ 
lic Instruction is ex officio secretary of this 
Board. It is the duty of this Board to invest all 
cash belonging to the permanent school fund in 
interest-bearing bonds and securities. The Con¬ 
stitution and statutes specifies the kinds of 
bonds and securities in which it may be invested. 
At this time the Board may buy bonds of the 
United States, of the State of Texas, of Counties 
or Cities in Texas and of Independent School 
Districts in this state. Such bonds must bear 
at least 3 per cent interest. In case of County 
or City or Independent School District bonds, 
the bonds bought, together with other indebted¬ 
ness of the County, City or District, must not 
be more than 7 per cent of the assessed value of 
the land in the county, city or school district, as 
the case may be. 

Whenever any school fund is invested in 
bonds or securities of any sort the state becomes 
responsible to the school fund for the amount of 
money paid for the bonds. This is done in order 
to prevent loss to the school fund. 

Distribution of the Available Fund. —The 
State Board of Education must every year, on 
or before the first day of August, divide the 
available school fund among the several coun¬ 
ties, cities, towns, and districts constituting sep- 


306 


ELEMENTARY CIVICS. 


arate school districts, according to the number 
of children entitled to go to school in each. The 
amount of money set apart to each of these di¬ 
visions must be used by the proper authorities 
in it for the purpose of keeping up the public 
schools in it. 

QUESTIONS. 

1. What evidence is there in the Texas Declaration of 
Independence that the fathers of the Republic were in¬ 
terested in public education ? Why were not public schools 
established at once? How is interest in public schools 
shown by early legislation regarding public lands? 

2. How many different kinds of state school funds are 
named in the Constitution? Name them. 

3. What items are embraced in the perpetual fund? 
Is there any school property in any of the other items 
which is not embraced in item one? If so, what are these 
kinds of property? 

4. What is meant by the alternate sections of land 
mentioned in item two? 

5. Had the one-half of the public lands referred to in 
item three previously been school property ? 

6. What is embraced in the fourth item, and what is 
its evident purpose? 

7. What property is declared by the Constitution to 
be in the permanent school fund? Is there anything in 
the permanent fund which is not also in the perpetual? 
If so, what is it? Is there anything in the perpetual fund 
that is not in the permanent? If so, what is it? 

8. Under the Constitution of 1876, as at first adopted, 
could any part of the perpetual or permanent funds be 
used to pay the expense of carrying on the schools ? 


PUBLIC SCHOOLS. 


307 


9. What is meant by the available school fund? What 
items were embraced in this under the Constitution of 1876, 
as originally adopted? What are occupation taxes? What 
part of all state occupation taxes must go into the avail¬ 
able school fund each year? Does the Constitution re¬ 
quire that any occupation tax must be levied? 

10. What is a poll? What is a poll tax? How much 
poll tax does the Constitution require shall be levied each 
year, and on whom? How much of this must go to the 
state school fund? 

11. What is an ad valorem tax? Does the Constitution 
name any specific ad valorem tax to be levied for school 
purposes? How does it indicate the amount of such levy? 
What is the largest tax of this kind which can be levied 
under this provision? 

12. What other items does Article VII, section 5, add 
to the available fund ? What power is given the legislature 
by the amendment of 1891, to Article VII, section 5, as to 
increasing the available fund each year? What effect would 
such increase have on the permanent fund? Does the leg¬ 
islature exercise this power? 

13. Who invests the public school funds? In what 
way may such investments be made? How are school in¬ 
vestments secured in addition to the security which goes 
with the bonds, etc., purchased? 

14. Who distributes the state available school fund? 
Who is intended to share in this fund? 


308 


ELEMENTARY CIVICS. 


CHAPTER XXVI. 

Public Schools of Texas—Continued. 

Local School Funds.—The perpetual, perma¬ 
nent and available funds which we have consid¬ 
ered up to this time, are all state funds. In ad¬ 
dition to these, the several counties in the state 
have lands, or the proceeds of the sale of lands, 
which are permanent school funds belonging to 
them. The rent of these lands or the interest 
on the money that the county has gotten by their 
sale are available county school funds. These 
funds must be divided among the different 
schools in the county in proportion to the num¬ 
ber of common school pupils in each school dis¬ 
trict or community. These available funds can 
not be used for buildings or for getting furni¬ 
ture or equipment unless there is a surplus after 
keeping up the schools for eight months in the 
year. 

District Funds.—Article VII, Section 3 of the 
Constitution of 1876 gave the Legislature the 
power to “provide for the formation of school 
districts within all or any of the counties of this 
state by general or special law, * * * ; to 

authorize an additional ad valorem tax to be 
levied and collected within such school district 


PUBLIC SCHOOLS. 


309 


for the further maintenance of the public free 
schools and the erection of school buildings 
therein; provided, that two-thirds of the quali¬ 
fied property tax-paying voters of the district, 
voting at an election to he held for that purpose, 
shall vote such tax, not to exceed in any one, 
year twenty cents on the one hundred dollars 
valuation of the property subject to taxation in 
such district; but the limitation upon the amount 
of district tax herein authorized shall not apply 
to incorporated cities or towns constituting sep¬ 
arate and independent school districts.” 

This section has since been amended so as to 
authorize the levy of the tax when approved by 
a vote of the majority of the qualified voters, 
and also so as to permit a tax of not exceeding 
fifty cents on the one hundred dollars. 

Under the authority thus conferred the Legis¬ 
lature has passed laws under which school dis¬ 
tricts may be created and taxes levied for the 
purpose of maintaining schools in such districts. 

These districts are of different kinds, and the 
laws governing each kind vary somewhat from 
the laws governing the other kinds. It would 
not be profitable to undertake to discuss these 
different matters in this work. 

The Schools Constituting the Present Public 
School System.—The present public school sys¬ 
tem of Texas, using these words in the broadest 


ELEMENTARY CIVICS. 


310 

sense, includes the State University, the Agri¬ 
cultural and Mechanical College, the Sam Hous¬ 
ton Normal Institute, the North Texas State 
Normal College, the Southwest Texas Normal 
School, the Texas Industrial Institute and Col¬ 
lege for the Education of White Girls of the 
State of Texas in the Arts and Sciences, and the 
Prairie View State Normal and Industrial Col¬ 
lege, all the high schools, and all grammar or 
primary schools in the state. 

The University of Texas.—The Constitution 
commands the Legislature of Texas to “ estab¬ 
lish, organize, and provide for the maintenance, 
support and direction of a University of the first 
class, to be located by the vote of the people of 
this state, and styled, ‘The University of Texas,’ 
for the promotion of literature, arts and sciences, 
including an agricultural and mechanical de¬ 
partment. ’ 7 

The main University, as it is called, that is, 
that part of the University consisting of the De¬ 
partment of Arts and Sciences, of Law, of En¬ 
gineering and of Education, is located at Aus¬ 
tin; the Medical Branch is located in Galveston. 

The Departments of Arts and Sciences and 
of Law were opened in 1883; the Medical De¬ 
partment in 1891, and the Engineering Depart¬ 
ment in 1894, and the Department of Education 
in 1906. 


PUBLIC SCHOOLS. 


311 


The general management of the University 
is in a Board of eight Regents appointed by the 
Governor every two years, subject to the ap¬ 
proval of the Senate. The administrative work 
of the institution is performed by the President 
and a staff of assistants, who act under the gen¬ 
eral supervision of the Board of Regents. 

The permanent funds of the University con¬ 
sist in lands, bonds, and land notes. The avail¬ 
able funds are derived from the rental of lands, 
interest on the bonds and land notes, and money 
appropriated by the Legislature from time to 
time. 

The Agricultural and Mechanical College.— 

This is an institution maintained at College Sta¬ 
tion, Brazos County, Texas, for the purpose of 
training the youth of the state in agriculture 
and the mechanical arts. It is under the con¬ 
trol of a Board of Directors consisting of the 
Commissioner of Agriculture and seven other 
members appointed by the Governor with the 
approval of the Senate. The executive head is 
known as the President. He has charge of all 
the administrative affairs under the general 
control of the Board of Directors. 

It has a permanent fund consisting of United 
States bonds, but this is not nearly sufficient to 
maintain the school, and it is kept up principally 
by appropriations by the Legislature. The col- 


312 


ELEMENTARY CIVICS. 


lege is military in its organization. In connec¬ 
tion with its agricultural and mechanical studies 
it maintains a number of experimental stations 
in agriculture in which practical tests as to soils, 
diseases of plants and trees, breeds of stock and 
other matters of general interest are made. 

Normal Schools.—The Sam Houston Normal 
is located at Huntsville. The North Texas State 
Normal College is located at Denton. The 
Southwest Texas Normal is at San Marcos. The 
West Texas State Normal College is located at 
Canyon. All of these schools are kept up for 
the purpose of training teachers, and in this war 
to increase the value of public schools generally 

All of these schools are under the control oP 
one Board appointed by the Governor and ap¬ 
proved by the Senate. 

The Texas Industrial Institute and College 
for the Education of White Girls of the State of 
Texas in the Arts and Sciences is located at Den¬ 
ton. Its purpose and nature are set out in its 
name. It is under the same management as 
the normal schools. 

Prairie View State Normal and Industrial 
College.—This is the State college for colored 
youth mentioned in Section 14, Article 7, of the 
State Constitution. It is at Prairie View, in 
Waller County. It gives training both to teach¬ 
ers and in industrial branches. It is under the 


PUBLIC SCHOOLS. 


313 


same management as the Agricultural and Me¬ 
chanical College. 

Common Schools.—The common schools prop¬ 
er of the state consist of the primary, or as they 
are sometimes called, grammar schools, and of 
high schools. The county is the territorial unit 
in the common school system, and the general 
school law is based upon the county as such 
unit. As stated before, there are a number of 
provisions in the law providing for the creation 
of various school communities and school dis¬ 
tricts. These are too complicated to make a de¬ 
tailed treatment profitable. 

All the common schools, whether of primary, 
grammar or high school grade, are entitled to 
share in the available state public school fund. 
Many of them have in addition revenues from 
the county funds of the county in which they are 
located and from district taxation which has 
been voted by the people of the school district 
under the terms of the law. The government 
of these schools varies with the different kinds. 
The officers having charge of school matters are 
some of them state officers and some county offi¬ 
cers and some are school district officers. 

State Officers Connected With the Common 
Schools.—The State Board of Education and the 
State Superintendent of Public Instruction are 
the state officers who deal with the common 


314 


ELEMENTARY CIVICS. 


school matters. The State Board of Education, 
as stated before, consists of the Governor, the 
Comptroller and the Secretary of State. The 
State Superintendent of Public Instruction is, 
by reason of his office, secretary of the Board. 
It is the duty of the Board of Education each 
year to set aside to each county and school dis¬ 
trict its proper portion of the state available 
school fund. The Board also has the power to 
hear and decide appeals taken from the decision 
of the Superintendent made in matters pertain¬ 
ing to the common schools. 

State Superintendent of Public Instruction.— 
This officer is ‘ 4 charged with the administration 
of the school law and general superintending of 
the business relating to the public schools of the 
state.” He prepares all the forms of all kinds 
to be used by school officers in the different pub¬ 
lic schools. He examines all accounts against 
the state school fund, and nothing can be paid 
from such fund without his approval. He is 
advisor of all the school officers. He decides all 
disputes between school trustees and teachers. 
His decisions in such cases are subject to review 
by the State Board of Education. 

County Superintendent.—Every county in the 
state has a Superintendent of Public Instruction. 
If there are as many as three thousand inhabi¬ 
tants within the county of scholastic age the Su- 


PUBLIC SCHOOLS. 


315 


perintendent is elected by the people, and his only 
official duties relate to the common schools. If 
there are less than three thousand children with¬ 
in the county of scholastic age, the County Judge 
acts as School Superintendent. In these latter 
counties, if twenty-five per cent of the voters 
ask to have a County Superintendent elected, 
this should be done. 

The duties of the County Superintendent are 
to supervise and control all public schools in his 
county which are not in independent school dis¬ 
tricts. He particularly looks after and assists 
the school trustees as to the selection of teachers 
and the expending of the school fund. He 
visits the various schools in liis county and holds 
institutes for the teachers and does similar work 
which will be of advantage to the schools in his 
county. He acts under and makes reports to 
the State Superintendent of Public Instruction. 

Common School Districts.—The “ district sys¬ 
tem” is the prevalent one in this state. Each 
county in which this system exists is divided 
into a convenient number of school districts. 
Each of these districts has one or more primary 
schools. All of these in each district are in 
charge of the same three trustees, who are 
elected every two years by the voters in the dis¬ 
trict for general control over all schools in the 


316 


ELEMENTARY CIVICS. 


district. They employ the teachers and see that 
the schools are properly carried on. 

Special Taxes in Common School Districts.— 
Many of these common school districts may levy 
special taxes for common school purposes, pro¬ 
vided a majority of the qualified property own¬ 
ing voters living in the district shall vote in 
favor of the special tax. Such districts may also, 
by the same kind of vote, authorize the issuance 
of bonds for the purpose of building and fur¬ 
nishing school houses. There are limits set as 
to the amount of taxes that can be levied for 
each of these purposes. 

Independent School Districts.—If the major¬ 
ity of the qualified voters in any district not ex¬ 
ceeding twenty-five miles square shall vote in 
favor of making that district an independent 
school district, this may be done. Whenever 
such a district is formed it takes the schools in 
that district from under the control of the Coun¬ 
ty Superintendent. Such district elects seven 
trustees instead of three. These districts share 
in the available state and county funds in their 
just proportion. They may provide for special 
taxes and bonds, the same as ordinary school 
districts may. 

Sometimes a city or an incorporated town will 
make itself an * independent school district. 
Sometimes the school district will include a town 


PUBLIC SCHOOLS. 


317 


or village and the territory lying \around it. 
There are differences in these districts as to 
the amount of taxes that may be levied, but we 
cannot go into this matter here. 

Community System.—A few counties in the 
state keep the community system. Under this 
system there are no permanent school districts. 
In every neighborhood the parents or guardians 
of children of school age who desire to patronize 
the same school may organize themselves into a 
free school community. 

This is done in this way. The parents and 
guardians sign a petition to have such a school 
established. In this petition they state the kind 
of school they want and give the names of all of 
the children in the community within scholastic 
age. They further state in a separate list the 
names of all the children who are under the con¬ 
trol of the parents and guardians signing the pe¬ 
tition. The petition asks to have the petitioners 
and their children put into the same community 
school, giving its name. They give this petition 
to the County Superintendent. At the same time 
the petitioners name three persons in their com¬ 
munity to act as trustees for the school. 

The County Superintendent files this petition 
in his office. At any time before the first of Au¬ 
gust of that year, upon proper request by the 
parties interested, he may add the names of pu- 


318 


ELEMENTARY CIVICS. 


pils to the petition or take off names of those 
already on it. The communities must be organ¬ 
ized on or before the first of August. 

After that date no changes can be made. The 
County Superintendent must appoint the per¬ 
sons named in the petition as trustees unless 
they are unfit for the place. 

The funds which may be used in keeping up 
the schools of this sort must come entirely from 
state or county sources. There can be no local 
taxes for such schools. 

Teachers.—In order to be sure that the teach¬ 
ers in the common schools will be competent, 
the law denies the trustees the right to employ 
any teacher who does not hold a teacher’s cer¬ 
tificate. These certificates can be given only 
for work done in some approved University or 
College, or after examination before a proper 
Board of Examiners. These certificates differ. 
Some indicate very little education, while others 
indicate a fair amount. The grade of school in 
which a teacher may be employed and the 
amount of salary he or she can get depends 
largely on the grade of certificate that the teach¬ 
er holds. The higher the grade of certificate the 
larger the salary that can be paid him. 

Scholastic Age.—The age fixed by the general 
law of the state as entitling a pupil to free at¬ 
tendance upon the common schools is from seven 


PUBLIC SCHOOLS. 


319 


to seventeen years exclusive. In independent 
districts these limits may be changed by the 
trustees. 


QUESTIONS. 

1. What school funds belong to the counties of Texas? 
What part of these funds are available for keeping up the 
county schools? 

2. What is a school district? What provision did the 
Constitution of 1876 make as to local taxes in school dis¬ 
tricts (a) as to the number of votes necessary to author¬ 
ize such tax; and (b) as to the amount of the tax that 
could be levied? What changes have been made in these 
two matters by subsequent amendment? 

3. What schools constitute the present public school 
system ? 

4. What command does the Constitution of Texas give 
to the legislature as to the establishment of the University? 
When was the University of Texas opened? What de¬ 
partments are located at Austin? What department is 
at Galveston ? What Board has control of the affairs of the 
University? What available funds has the University? 

5. Where is the Agricultural and Mechanical College 
located? For what purpose is this institution maintained? 
Who has general control of its affairs? By what funds is 
this school supported? What kinds of experiments and 
tests are made in connection with this school? 

6. What is a Normal school? How many such schools 
for whites does the state regularly maintain? How many 
for negroes? Where are these schools located? What is 
the purpose of the “Industrial Institute V’ Where is it 
located? How are all these schools managed? How are 
they supported? 


320 


ELEMENTARY CIVICS. 


7. What schools are properly included in the Common 
Schools of the state? How are these supported? Do all 
share in the same available state funds? Do any of them 
have additional available funds? How are these funds 
obtained? 

8. What state officers have official duties in connection 
with the common schools? What are the duties of the 
Superintendent of Public Instruction? What are the du¬ 
ties of the State Board of Education? 

9. What county officer has charge of the common schools 
in his count}'? In the smaller counties, who exercises the 
duties of this office? Give the duties of this office. 

10. Does the district or the community system prevail 
in Texas? Which of these systems gives better opportunity 
for permanent organization and voting of taxes? 

11. Who can authorize the levy of special taxes in 
school districts for school purposes? Can available funds 
be raised in this way? Can funds for building and equip¬ 
ment be raised in this way? Are there any constitutional 
limits on the amount of special tax which can be voted 
for these purposes? 

12. What is an Independent School District? What 
effect does establishing such a district have on the powers 
of the County Superintendent in that district? How many 
trustees are elected in such districts? 

13. Describe the organization of a school under the 
community system. 

14. What is a teacher’s certificate? . Is there any con¬ 
nection between the grade of a teacher’s certificate and the 
kind of school he can teach or the amount of his salary? 

15. What is the scholastic age under the general school 
law? Can this be extended in independent districts? 


RESTRICTIVE PROVISIONS. 


321 


CHAPTER XXVII. 

Restrictive provisions of the Texas Constitution. 

Introduction.—The Constitution of Texas is 
too long to be printed in the text or even as an 
appendix to a school book. We have already 
studied the most important of its provisions in¬ 
cluded in its creative, perpetuative and func¬ 
tional parts. We now pass on to the restrictive 
portions and when we complete them will con¬ 
sider its miscellaneous provisions. 

Some of the provisions of each of these kinds 
are not sufficiently important to justify discus¬ 
sion in a book such as this. Others are so essen¬ 
tial to a proper understanding of our subject 
that we cannot omit them even though they are 
so difficult that it is hardly practicable to pre¬ 
sent them so you can easily understand them. No 
text book on Civil Government can justly be re¬ 
garded as complete unless it makes an honest ef¬ 
fort to make them intelligible. 

Restrictive Provisions.—Most of the restrict¬ 
ive provisions in state constitutions are included 
in an Article called a Bill of Rights. This is 
true of the Texas Constitution. This name is 
given to these provisions because they enumer¬ 
ate many of the fundamental rights of individ- 


322 


ELEMENTARY CIVICS. 


uals and of the people collectively, and declare 
that such rights shall forever remain free from 
interference by the Government or any of its 
officers. 

The last section of the Texas Bill of Bights is 
a fine statement of the purposes for which such 
provisions are inserted in state constitutions. 
That you may have the benefit of this we quote 
it as follows: 

“Sec. 29. To guard against transgressions of 
the high powers herein delegated, we declare 
that everything in this 'Bill of Rights’ is ex¬ 
cepted out of the general powers of government, 
and shall forever remain inviolate, and all laws 
contrary thereto, or to the following provisions, 
shall be void.” 

Religious Liberty.—Religious liberty is guar¬ 
anteed to all persons in Texas by Sections 4, 5 
and 6 of the Bill of Rights. These guarantees 
take two forms. First, that human governments 
ought not to interfere with the rights of the in¬ 
dividual in religious matters; and, second/ that 
it is the duty of the state to protect its citizens 
in their religious worship against interruption 
or disturbance by any other persons. 

These sections do not mean that a person can 
do anything he wishes and call it religious wor¬ 
ship. He must in worship, as in everything else, 
act in such wav as not to interfere with the just 


restrictivp: provisions. 


323 


rights of other people or of the public. If a so- 
called religious sect should teach that it was 
proper to offer human sacrifices to God, the 
teaching of this doctrine and its acceptance by 
the sect would not protect persons who killed the 
sacrifice from prosecution for murder. In such 
a case the carrying out of religious beliefs would 
deprive others of their lives and disturb the 
good order and peace of society, and the state 
would have the right to prevent such sacrifices 
or punish those who offer them. 

Still the Government is very careful, and will 
not interfere with any form of religious worship 
unless it is clear that under the guise of such 
worship persons are really interfering with the 
just rights of others. 

Liberty of Speech.—It is very essential, par¬ 
ticularly in a democratic or republican form of 
government, that information shall be freely 
given and the truth scattered broadcast. This 
could not be done if the government or its offi¬ 
cers could prohibit the publishing of papers, or 
could say what could be published in them, or 
could prevent public discussions by the citizens 
or the free exchange of ideas among them. This 
right to the free interchange of information and 
thought is regarded as so important that the 
constitution provides that the right to speak, 
write or publish the citizens’ opinions shall not 


324 


ELEMENTARY CIVICS. 


be taken away. This does not give the right to 
anyone to make statements that are false, but 
only protects him in the statement of the truth. 

Guarantees of Personal Safety.—There are a 
great many provisions in our Bill of Rights re¬ 
garding the safety of persons and of property. 

Seizures and Searches.—One of these prohib¬ 
its the seizure or search of any person or his 
house or his papers or any of his possessions un¬ 
less some one shall first make oath that there is 
reasonable and proper cause for so doing. 

To Persons Accused of Crime.—Another sec¬ 
tion guarantees to every man accused of crime 
that he shall be informed of the nature of the 
charge against him, shall have a right to be heard 
on the trial, and shall not be compelled to give 
evidence against himself; and shall have the ben¬ 
efit of trial by jury. 

Bail.—Another provision guarantees to every 
person accused of crime the right to give reason¬ 
able bail before trial unless the proof is very 
strong that he has committed a crime that 
may be punished by death. To give bail is to 
give security that a person giving the bail will 
come before the proper court at the time set for 
the trial of his case and surrender himself to the 
court to be tried on the charge against him. The 
person giving bail is then permitted to go free 
until the time set for his trial. If the accused 


RESTRICTIVE PROVISIONS. 


325 


were not permitted to give such security he 
would be kept in jail up to the time of the trial. 
As there is often a good deal of delay after 
a man is charged with a crime before he can be 
tried, to keep him in jail all this time would be a 
very great hardship, particularly if he were in¬ 
nocent. 

Restrictions as to Second Prosecutions.—One 

of the sections of the Bill of Rights is: 

“Sec. 14. No person, for the same offense, 
shall be twice put in jeopardy of life or liberty; 
nor shall a person be again put upon trial for 
the same offense after a verdict of not guilty 
in a court of competent jurisdiction.” 

Jeopardy here means the same as explained to 
you in connection with the Federal Government. 
It only applies to felony cases and misdemeanor 
cases which may be punished by imprisonment. 

The other clause means that if a man is once 
tried on a criminal charge and the jury says 
he is not guilty, that he can never be prosecuted 
any more for that alleged wrong. The guarantee 
is for the benefit of the accused person. If, 
therefore, a man charged with a crime is tried 
and found guilty, this provision in the Constitu¬ 
tion neither forbids the judge or the Appellate 
Court to give him a new trial; nor if he gets a 
new trial will it prevent him from being tried 
again. 


326 


ELEMENTARY CIVICS. 


Due Course of Law.—Another provision se¬ 
cures to everyone the protection of the due 
course of the law of the land. This means that 
the Government cannot take away a man’s 
rights until he has had a fair opportunity to 
know why it is trying to do so and also an 
opportunity to be heard in the matter; that is, 
to introduce testimony showing his side of the 
case and to argue the questions before the judge, 
or jury or other proper officer. 

Keeping Arms.—The right to keep and bear 
arms is also a right secured by the Constitution. 
The purpose for which this right is guaranteed 
is the lawful defense of an individual or of the 
state. It is not intended by this provision to 
guarantee the right to have or wear arms for 
the purpose of making unlawful attacks on other 
people. 

Trial by Jury.—Another provision is that 
“the right of trial by jury shall remain invio¬ 
late. The Legislature shall pass such laws as 
may be needed to regulate the same and to main¬ 
tain its purity and efficiency.” 

Habeas Corpus.—Another section guarantees 
to any person who is arrested or taken in charge 
by another, whether he is accused of a crime or 
not, the right to apply to a judge or court and 
have the matter brought before him for the pur¬ 
pose of having an investigation to see whether 


RESTRICTIVE PROVISIONS. 


327 


his detention is lawful or unlawful. If it is law¬ 
ful he will not be released. If it is unlawful the 
judge will release him. 

The order made by the judge to have the per¬ 
son brought before him is called a writ, and as 
the purpose of this order is to have the petitioner 
brought before the judge, the writ commands 
the officer to have the petitioner’s body before 
the court at a time and place named in the writ. 
Writs of this sort are very ancient. They used 
to be written in Latin. The Latin for “have you 
the body” is “habeas corpus.” Hence these 
writs have come to be known as Writs of Habeas 
Corpus. 

The restrictive provisions that we have dis¬ 
cussed are by no means all that are in the Consti¬ 
tution. They are among the most important of 
them and are perhaps quite as many as you will 
keep fixed in your mind. 


QUESTIONS. 

1. Why is a Bill of Rights called by that name? Give 
the substance of the last section of the Texas Bill of Rights. 

2. Does the Texas Constitution have any guarantees as 
to religious liberty? What is provided as to interference 
with one’s religion by the government? What as to interfer¬ 
ence by private persons? Do these provisions mean that a 
person may do anything he wants to if he calls it a re- 


328 


ELEMENTARY CIVICS. 


ligious act? Where is the line that separates between 
what he may do as a religious act and what he cannot? 

3. Why is full information and free discussion essential 
to the public well being in a democracy? How does the 
Texas Constitution attempt to protect the freedom of 
speech and of the press? Do these provisions protect a 
person in any and everything he may say? Has one per¬ 
son the right to make false statements about another under 
this guarantee? Would public peace and order be brought 
about and increased by spreading false information? 

4. Under what circumstances can the person or prop¬ 
erty of another be seized or searched? 

5. What protection is provided for persons accused 
of crime? What is bail? Why is it important to have 
guarantees on this subject? 

6. Can a person be tried for a crime after he has been 
acquitted? If he is convicted on the first trial and he gets 
that set aside, can he be tried again? Why? What is 
meant by jeopardy? (See Chapter XIV, page 164.) 

7. What does the guarantee as to due course of law 
mean ? 

8. Can the state prevent a citizen from keeping arms 
with which to protect himself and his home? Can it law¬ 
fully prevent the wearing of arms for the purpose of dis¬ 
turbing the peace? 

9. What guarantee is there in the Texas Constitution 
as to trial by jury ? 

10. Explain what is meant by a writ of habeas cor¬ 
pus? From what does this writ get its name? 


MISCELLANEOUS PROVISIONS. 


329 


CHAPTER XXVIII. 

Miscellaneous Provisions of the Texas Consti 
tion. 

Introduction.—We come now to the consid¬ 
eration of some of the more important of the 
unclassified provisions of the Constitution. We 
will treat them under the head of Miscellaneous 
Provisions. There will be no apparent connec¬ 
tion between them, but they all go to make up 
parts of our government or governmental policy 
of too much consequence to be properly omitted. 

The Texas Land System.—Before the Texas 
Revolution the governments of Spain and Mex¬ 
ico had granted to individuals a good deal of 
land within the present boundaries of Texas. 
These grants have always been respected by 
both the Republic and the State of Texas. There 
has been a great deal of controversy as to the 
genuineness of some of these alleged grants and 
as to the location and boundaries of others that 
were conceded to be genuine, but the State au¬ 
thorities have never sought to take away any 
real and just rights which any person had under 
such grants. As these grants were made prior 
to the existence of the Republic of Texas they 


330 


ELEMENTARY CIVICS. 


cannot properly be called a part of the Texas 
system. 

When the Republic was successfully estab¬ 
lished it had an immense amount of public do¬ 
main. It was very much in need of more in¬ 
habitants so that one of the first things that was 
done was to encourage immigration by offering 
to settlers large tracts of land as a bonus for 
coming. A good deal of land was disposed of 
in this way. 

The Republic also felt itself under obligation 
to those who had fought in any of the wars or 
battles to establish the independence of the Re¬ 
public. Lands were given to these. 

Public improvements, such as railroads, 
steamship lines, etc., were also very much need¬ 
ed. Making such improvements was encouraged 
by the state by offering to give large quantities 
of land to individuals or to companies who would 
engage in such enterprises. Under this stim¬ 
ulus a great many improvements were made 
and the right to a great deal of land acquired. 

Much of the best public land of the state was 
in sections not then settled. Much of it was on 
the frontier or even beyond the frontier in lo¬ 
calities where the Indians were in undisturbed 
possession. The lands so situated could not at 
that time be actually surveyed and put into pos¬ 
session of persons entitled to them. 


MISCELLANEOUS PROVISIONS. 


331 


Land Certificates. —As it was impracticable to 
deliver the land itself to which persons might be 
entitled under any of the foregoing laws or even 
to describe any particular land as being sold or 
given to any particular person, the policy was 
adopted of issuing written certificates to all per¬ 
sons who were entitled to land. Such a certifi¬ 
cate would name the person for whose benefit it 
was issued, state how much land he was entitled 
to and give the reason for his claim and author¬ 
ize him to locate the certificate on any part of 
the public lands of the state which he might se¬ 
lect. 

These written statements were called Land 
Certificates. Most of them were transferable, 
that is, could be sold and the purchaser would 
then have the right to select the land called for 
in the certificate and get title to it. 

Location of Certificates. —It is clear from the 
foregoing statements, that in order for any one 
who was entitled to land under a certificate to 
actually get title to any particular tract of land 
he must apply his certificate to the particular 
tract selected by him. This was called locating 
the certificate. 

Locations were made in this way: The state 
was divided into a great many land districts. 
In each of these districts there was an officer 
known as a Public Surveyor. Any person hold- 


332 


ELEMENTARY CIVICS. 


ing a land certificate and desiring to locate it 
would select the particular tract of land to which 
he wished to get title under the certificate. He 
would then go to the office of the surveyor in 
whose district this land was, and present to him 
his certificate and such a general description of 
the land on which he wanted the certificate to 
be located as would enable the surveyor to find 
the land. He would also file a written request 
to have the certificate located on the land de¬ 
scribed. This certificate and request to have it 
located and the description of the land were filed 
with the surveyor. He would then make a brief 
record of all these facts in his office. As soon 
after this as he could do so it was the duty of 
the surveyor to survey the land by actually 
running its lines on the ground. As he did this 
he was required to make true and correct notes 
describing the land and its boundaries. These 
were called the field notes of the survey. After 
having copied the field notes into his records the 
surveyor would send them and the certificate 
to the General Land Office, the Commissioner of 
which you will remember has charge of all pub¬ 
lic lands in Texas. 

In that office the certificate and field notes 
would be carefully examined and if they were 
found to be correct the land covered by the loca¬ 
tion would he plotted on the maps in the land 


MISCELLANEOUS PROVISIONS. 


333 


office, that is, would be drawn on those maps at 
the place in the county or district that the land 
was shown to be on the ground. The Commis¬ 
sioner of the Land Office would then prepare a 
patent for the land. A patent is a written state¬ 
ment formally transferring the land described 
in it to the person who owned the certificate and 
had located it. This patent would then be signed 
by the Governor and the Commissioner of the 
General Land Office and delivered to the owner 
of the certificate or his agent. The person named 
in the patent as grantee would thus become the 
owner of the particular land located by the cer¬ 
tificate and described in the patent. 

The law required the surveyor to actually sur¬ 
vey the land on the ground and describe it by 
objects that he found there, such as streams, 
rocks, springs, trees, or by stakes or piles 
of rock made by him, etc. Unfortunately this 
was not always done. A great many times the 
surveyor would stay in his office and make the 
field notes and describe the land by means of 
objects that he thought might be found on the 
ground. This made it hard and sometimes im¬ 
possible for the owner of the land to find just 
where it was when he went to settle on or to 
sell it. A great deal of litigation grew out of 
this way of locating land. 

All land certificates ever issued in Texas have 


334 


ELEMENTARY CIVICS. 


either been located or else have become invalid 
because the time in which they could lawfully 
be located has passed. No lands can be acquired 
now in this way. 

Pre-emption and Homestead.—The state, dur¬ 
ing all its history, has granted lands to persons 
settling on them without the location of certifi¬ 
cates. Grants of these kinds are known as pre¬ 
emption and homestead grants. 

Under the pre-emption law the head of a fam¬ 
ily could get a small tract of land by living on 
it for a certain length of time without paying 
anything ai; all for it. Under the homestead 
law he. could get a larger tract of land, but he 
had to live on it for a year and pay a small sum 
of money for it. This is not the homestead 
right which protects a man’s home from sale to 
pay his debts and you must not get these two 
nses of the word confused. 

School Lands.—As stated in a former chapter 
in connection with the school land, Texas has al¬ 
ways kept a large part of her public land for the 
benefit of her schools. The State did not survey 
this land herself, but when she gave lands to 
railroad companies, navigation companies, and 
other companies of this sort, she required them, 
when they surveyed their lands, to locate them 
in sections of 640 acres each and for every sec¬ 
tion they surveyed for themselves to survey an- 


MISCELLANEOUS PROVISIONS. 


335 


other 640 acres adjoining theirs which was to be 
part of the school lands. These alternate sec¬ 
tions constitute a very large part, though by no 
means all, of the school lands of the state. Un¬ 
der the present system these lands may be sold 
to persons who desire to buy them to settle on or 
to use in connection with land which they are al¬ 
ready living on. 

Registration of Land Titles. —Land is the 
most enduring property that man can have and 
the evidence of his right to the land owned bv 
him should, if possible, be made as enduring as 
the land itself. For this reason the law re¬ 
quires that all sales of land shall be made in 
writing and then gives to the man who buys the 
land the privilege of having his deed copied into 
the public records of the county in which the 
land is, so that if his deed should be lost or de¬ 
stroyed his right can be proved by the public 
records. This is a matter of very great im¬ 
portance to the business interests of the commu¬ 
nity as nobody wants to buy land unless he is 
sure that he is getting a good title and that he 
can prove this whenever he wants to sell the 
land. 

State Taxation. —The people of Texas have 
the right to levy taxes of any kind and in any 
way not forbidden by the Constitution of the 
United States. We have found that the Con- 


336 


ELEMENTARY CIVICS. 


stitution forbids to the States the right to lay 
any imposts or duties on imports or exports ex¬ 
cept such as may be absolutely necessary for ex¬ 
ecuting its inspection laws. This prohibits 
Texas, by her own authority, to make any sort 
of charge for bringing in any articles of com¬ 
merce or taking any out for the purpose of rais¬ 
ing revenue. The Federal Constitution further 
denies to any state the power to levy any tax 
on tonnage. A tax on tonnage is a tax on cars 
or ships or other vehicles engaged in interstate 
or international commerce based on and propor¬ 
tioned to their size and the amount of freight 
they will carry. 

We have also found that though there is no 
express provision in the Constitution forbid¬ 
ding it, that a state cannot tax the officers or 
agencies through which the Federal Govern¬ 
ment carries on its Governmental affairs. A 
state cannot tax interstate or international com¬ 
merce. 

With these exceptions the state can levy taxes 
in any way that it sees fit. 

The people of the state in making the State 
Constitution are not required to confer all this 
power and they may and do regulate taxation 
by the officers of the State Government. This 
is very common. There is a whole article in our 
present Constitution on the subject. 


MISCELLANEOUS PROVISIONS. 


337 


The most important provisions in this article 
are: 

First. Taxation must be equal and uniform. 

Second. When the tax is on property it must 
be assessed according to the value of the prop¬ 
erty. 

Third. The Legislature may levy poll taxes, 
that is taxes on persons. 

Fourth. It can levy occupation taxes on any 
sort of business except mechanical and agricul¬ 
tural pursuits. 

Fifth. Taxes must be levied and collected ac¬ 
cording to general laws that affect everybody 
alike. 

Sixth. No tax can be levied for private pur¬ 
poses but only for public purposes. 

Seventh. The taxes levied should never ex¬ 
ceed an amount sufficient for the proper and 
economical running of the government. 

Eighth. The State tax on property, except in 
order to enable it to pay debt incurred before 
1876 and to run the public schools, shall never 
exceed thirty-five cents on the one hundred dol¬ 
lars. 

Ninth. The State shall never, by any agree¬ 
ment or charter, give up its right to tax private 
corporations or their property. 

Tenth. Farm products before they are sold 
by the farmer and supplies for the home and 


338 


ELEMENTARY CIVICS. 


farm and $250.00 worth of household goods for 
each family are not subject to taxation. 

Eleventh. The Legislature cannot relieve per¬ 
sons from the payment of taxes unless as a re¬ 
sult of some great public calamity when a whole 
community may be in distress. In such cases 
everybody living in the community may be re¬ 
lieved for a short while from taxation, provided 
two-thirds of both houses of the Legislature 
vote to do so. 

Twelfth. With a very few exceptions, taxes 
must be paid in the county where the property 
is situated. 

Thirteenth. Taxes levied on land are a lien 
on the land, that is the land is bound for the 
payment of the taxes on it, and if the man who 
owns it when the taxes were levied sells it with¬ 
out paying the tax, the man who buys the land 
will have to pay the taxes or the land can be sold 
for them. 

Fourteenth. The Legislature is commanded 
to pass laws providing for the regulation of the 
sale of property for taxes when the owners do 
not pay. 

Fifteenth. The Legislature is commanded to 
pass laws to make taxes equal and uniform. 

State Revenues and Debts.— Our Constitution 
is very careful in regulating the use and expen¬ 
diture of money and other property belonging 


MISCELLANEOUS PROVISIONS. 


339 


to the State, and declares that such property 
shall never be given to any person or used for 
any purpose except for the public good. 

Great care is also taken to keep the State, 
and cities, towns, counties and other political 
subdivisions from.going security for any person 
or corporation. 

The general effect of all these provisions is 
that neither the State nor any of its political 
subdivisions has the right to give away money 
or property belonging to it or to become security 
for anybody else for any purpose whatever. 

QUESTIONS. 

1. In what way did Texas obtain its vast public lands'/ 
How did Texas induce immigration in the early days of 
her settlement ? In what way did she seek to show her ap¬ 
preciation of the soldiers who fought in her behalf ? How 
did she seek to encourage the making of public improve¬ 
ments, such as railroads, etc.? 

2. Why did she adopt the policy of issuing land certif¬ 
icates? What was a land certificate? What was meant 
by locating a certificate? Describe the way in which this 
was done. 

3. How were public lands acquired by pre-emptions? 
How as homesteads? 

4. Go carefully over the paragraph in this chapter on 
school lands and compare it with what you learned about 
these lands in the chapter on public schools. What is 
meant by alternate sections of school land? What other 


340 


ELEMENTARY CIVICS. 


school land does the state have? When any of these lands 
are sold, to what school fund does the cash paid for them 
belong? To what fund does the principal of the notes taken 
for them belong? To what fund does the interest on these 
notes belong? 

5. What is meant by registering a land title? How do 
the registration laws protect owners of land? 

6. Are there any limitations upon the power of the 
people of Texas to levy taxes? What express limitations 
are there, if any, in the Constitution of the United States 
on this power? What implied limitations are there on 
this power? In forming the Constitution do the people 
have to give their officers the right to exercise all of the 
people’s power of taxation? Are there any limitations in 
our Texas Constitution on this subject? 

7. Enumerate the provisions of the Texas Constitution 
on the subject of taxation? Make a written memorandum 
showing which of these are grants of power, which are de¬ 
nials of power, and which are directions to the state officers 
as to how to use the power? 

8. ,Why is it wise to forbid state and county officers to 
give away public money? Why is it bad policy for the 
state and its political subdivisions to pledge their credit for 
the benefit of other persons? 


MISCELLANEOUS PROVISIONS. 


341 


CHAPTER XXIX. 

Miscellaneous Provisions of the Texas Consti¬ 
tution—Continued. 

Municipal Corporations.—You will find it dif¬ 
ficult to understand the idea of corporations. It 
is, however, very necessary for you to do so. It 
would do you little good to write out a formal 
definition and have you to memorize it. It 
would be fairly easy for you to repeat the words 
but you might still lack a great deal of under¬ 
standing their meaning. Probably the best way 
to really get into your mind what we mean by a 
corporation would be to give you an example 
from things with which you are familiar. We 
may not get absolutely accurate results this way 
but they ought to be fairly correct. 

If your friend should ask you “What you are 
doing” you would say, “I am going to school.” 
What do you mean by that statement? What is 
a school? It would be hard for you to tell. 
You know that it is not the school house. So 
that answer would not do. If you will think a 
little while you will see that this school has ex¬ 
isted a long time and has been the same school 
during all these years. The building may have 


ELEMENTARY CIVICS. 


342 

changed several times. If some time in the 
past the building lias burned and the trustees 
next week got another and all the teachers and 
pupils went over there it would be the same 
school, though meeting at a different place. In 
all the years the school has been kept up the 
teachers and pupils have never been exactly the 
same at any two sessions. Some who were 
there the year before would not re-enter. 
Others who were never there before came in. 
You can see this very plainly in the lowest and 
highest grades. It may be that there is not a 
single pupil in the first grade this session that 
was in it last year. It may be that all the stu¬ 
dents in your highest grade last session passed 
in all their subjects and have either gone to 
some other school for more advanced work or 
are not going to school at all. Still you have a 
first grade and a highest grade this session just 
as you did last. Taking all your grades to¬ 
gether and all your teachers together you speak 
of the school this year as the same school that it 
was last year. Thus you see the school is some¬ 
thing different from the school house in which 
it meets and also that it continues to be the same 
school although its teachers and pupils are con¬ 
stantly changing. 

Let us take another illustration. The Uni¬ 
versity of Texas was established in 1883. It 


MISCELLANEOUS PROVISIONS. 


343 


then had a small faculty and few students. It 
has now grown into a large institution with a 
large faculty and many students. There is not 
a single officer or teacher or student in the Uni¬ 
versity now who was there in 1883. During 
this time the buildings have changed very much. 
At that time there was only one wing of one 
building on the campus. Now that building is 
complete and there are several others larger 
than the wing that was used when the school first 
opened. Still it is the same University now that 
it was then. The students who graduated in the 
first class are just as much graduates of the in¬ 
stitution as those who graduated last summer. 
So you see that this larger institution like the 
school you attend remains the same although its 
buildings, its officers, teachers and students all 
have changed. It is this unchanging thing that 
we call the corporation. 

The illustrations we have given you are both 
educational. This was done for your conven¬ 
ience because you know more about schools than 
you do about other kinds of continuing institu¬ 
tions. The same idea, however, holds true in- 
all institutions of this kind. The fact that the 
institution continues to be the same unaffected 
by the change in its members is the most dis¬ 
tinguishing characteristic of a corporation. 
Other facts in connection with this must exist, 


ELEMENTARY CIVICS. 


844 

regarding the institution to make a full corpo¬ 
ration; but there can be no corporation without 
this capacity for continued existence. For an 
institution to be a corporation the State must 
take part in creating it. The institution 
must also have a fixed and continuing purpose 
which it is seeking to accomplish. Suppose we 
say that a corporation is a combination of per¬ 
sons formed by the State or under its authority 
with the view of accomplishing a fixed purpose, 
which combination does not change in its nature 
with a change in the persons who compose it. 

If a corporation is created for the purpose of 
governing the people or exercising any large 
amount of political power it is called a Muni¬ 
cipal Corporation. The Romans called cities 
m u n id pae. The word municipal, therefore, 
really means pertaining to a city. Many of the 
first permanent governments were in cities. So 
we now give an enlarged meaning to the word 
municipal and include among municipal corpo¬ 
rations all political subdivisions of the state that 
have any legal rights and duties. 

The best organized and most important muni¬ 
cipal corporations in Texas are counties, cities 
and towns. Our present Constitution deals ex¬ 
tensively with each of these. We will confine 
our consideration to them. 

Counties.— The whole of Art. IX and a good 


MISCELLANEOUS PROVISIONS. 


345 


part of Art. XI of the Constitution are devoted 
to Counties. Counties are always created by 
the act of the Legislature. It is not necessary 
for the people living in the territory embraced 
in the county to want the county to be made. 
The Legislature can create the county whether 
the people there want it or not. Though this 
power exists it is rarely if ever actually exer¬ 
cised and as a fact counties are almost always, 
if not always, created at the request of the peo¬ 
ple who live in the territory. Each county has 
a county seat or place within the county as near 
the center as conveniently can be, where all pub¬ 
lic offices are kept and all county officers must 
stay and where the county records are preserved. 
The most important county officers are County 
Judge, County Attorney, County Clerk, County 
Treasurer, County Tax Assessor, County Tax 
Collector, Sheriff, Superintendent of Public 
Schools, Surveyor, Animal and Hide Inspector, 
and the County Commissioners. These differ¬ 
ent officers are elected by vote of the people and 
vacancies in all but the District Clerk’s office 
are filled by appointment by the Commissioners 
of the county. Vacancies in District Clerk’s 
office are filled by appointment of the District 
Judge. The duties of these officers are fairly 
well shown by their names and have also been 
discussed before under various heads. 


346 


ELEMENTARY CIVICS. 


Counties are permitted to levy taxes on prop¬ 
erty and polls and on occupations not to exceed 
one-half of the taxes levied by the State on each 
of these. If there are outstanding debts, under 
some conditions larger assessments may be made. 

Cities and Towns. —There are two ways of 
creating cities and towns. One is by special act 
of the Legislature granting a charter to the par¬ 
ticular city. The other is by passing a general 
law governing the matter and stating how the 
people living in a particular neighborhood may 
incorporate themselves, as it is called, into a 
city or town. In Texas the Legislature cannot 
create cities by special charter unless there are 
as many or more than ten thousand inhabitants 
living in the community. Communities having 
less than that number can be incorporated only 
under the general law. 

City Governments. —Cities and Towns have 
only such power as the Legislature may grant 
to them in their charters. The powers granted 
are usually most of them executive as there is 
little use for legislative or judicial powers by 
them. 

The chief executive officer of a city is usually 
called the Mayor. The other officers are aider- 
men, councilmen, or commissioners. There are 
also city attorneys, tax assessors and collectors, 
treasurers, city clerks, and some other officers. 


MISCELLANEOUS PROVISIONS. 


347 


The city officers that the public sees most fre¬ 
quently are the policemen. The chief policeman 
is called either marshal or chief of police. He 
has command over all other policemen. It is 
the duty of the police to see that good order is 
observed in the city and that nothing is done in 
violation of any state or city law. 

Such legislative powers as a city has are ex¬ 
ercised by its Board of Aldermen, or the City 
Council, or the City Commissioners, according 
to the terms of its charter. None of these bodies 
can pass laws which have any effect outside the 
city limits nor can they pass any law to have 
effect inside the city limits except such as are 
authorized by their charters and that are neces¬ 
sary to preserve the peace and order in the com¬ 
munity, usually known, as police regulations. 
Laws passed by a city are called ordinances. 

The judicial powers of a city are vested in a 
Mayor’s or Recorder’s Court. Such courts can 
try only criminal cases in violation of city ordi¬ 
nances. They cannot try persons for violating 
State laws unless the charter of the city ex¬ 
pressly so declares. 

Cities and towns get all their powers from 
their charters and cannot do anything at all ex¬ 
cept what is authorized by the charters. In ad¬ 
dition to this general rule of law, there are a 


ELEMENTARY CIVICS. 


348 

good many express limitations on the powers oil 
cities and towns set out in our Constitution. 

Cities created under the general law may levy 
and collect taxes annually to defray their cur¬ 
rent expenses. This tax must never exceed one - 
fourth of one per cent for any one year. They 
may also collect license and occupation taxes. 
These cannot exceed, however, one-half of sim¬ 
ilar taxes levied by the state. Cities created by 
special charter may levy and collect such taxes 
as their charters authorize. No charter can 
authorize taxes for any one year which exceed 
two and one-half per cent of the value of the 
taxable property in the city, as shown by its as¬ 
sessment rolls for that year. 

There is no express limitation in the Consti¬ 
tution upon the amount of debt that a city can 
create. There is a provision, however, declaring 
that no debt can ever be made by a city unless 
at the same time provision is made to assess and 
collect annually a sufficient sum to pay the in¬ 
terest on such debt and to create a sinking fund 
of at least 2 per cent. A sinking fund is a fund 
to be held until the principal of the debt or some 
part of it matures, then to be paid on the prin¬ 
cipal of the debt. This provision, taken in. con¬ 
nection with the one that limits the taxing 
power to two and one-half per cent, makes a very 


MISCELLANEOUS PROVISIONS. 


349 


decided and positive restriction upon the powers 
of cities to create debts. 

Private Corporations.—Private corporations 
take a very important part in the business of 
the world. 

As stated to you in the preceding paragraph 
on municipal corporations, it is very hard to ex¬ 
press in simple words the exact idea of a cor¬ 
poration. We tried in that connection to give 
you the thought that one of the characteristics 
of a corporation is that it continues the same, 
whether or not its members change. As the 
State University is the same institution now 
that it was when first organized in 1883, al¬ 
though there is not a single person as officer, 
teacher or pupil in it now who was there when 
it opened. We also got the idea that there 
must be a fixed and continuing purpose and the 
co-operation of the State before we can have a 
corporation. 

We now come to the subject of private cor¬ 
porations. They have different purposes from 
those sought to be accomplished through muni¬ 
cipal corporations and differ from them in many 
ways. The ideas of continuing identity of the 
corporation, unaffected by the change of mem¬ 
bership, of fixedness of purpose and state co¬ 
operation are the same in both. 

We will try to make the idea of a private cor- 


350 


ELEMENTARY CIVICS. 


poration as plain to you as we can. Here as in 
the case of municipal corporations we will at¬ 
tempt to lead up to the conception of private 
corporations by a discussion of their purposes 
and manner of action instead of giving you ab¬ 
stract definitions. 

If a person wishes to carry on business and 
has the time and money to do so he can engage 
in it by himself. He would have the sole man¬ 
agement of the business as long as it continued. 
Such a business must necessarily change, how¬ 
ever, when the person carrying it on dies. So 
there are two difficulties in this method. One 
that the capital and ability engaged in the busi¬ 
ness must all come from one man. And the 
other, that the business must be changed before 
a great while and might be changed at any time. 

If more capital were needed in the business the 
proprietor might get some one to come in with 
him and put in capital belonging to him and they 
would manage the business together. This 
would form a partnership between them. Each 
one of the partners would have an equal voice 
in deciding how the business should be con¬ 
ducted. Either one of them could withdraw 
from the partnership at any time or might die 
at any time. Either of these events would 
change the business. But more important still 
the law makes each partner responsible for all 



MISCELLANEOUS PROVISIONS. 


351 


the debts that the partnership owes. There is 
no way to avoid any one of these three difficul¬ 
ties in a partnership. 

Very frequently a large number of persons 
wish to go together in the same business. This 
is not only desirable but necessary if the under¬ 
taking is such as takes a great deal of money 
to carry it on. Concerns doing large business 
and handling large capital often find it necessary 
to make large debts, so that in large enterprises 
the difficultiesfin connection with a partnership 
are very much inreased. The large number of 
persons makes rapid and efficient action in the 
management of the business impossible if all are 
to be consulted. The increase in numbers also 
increases the opportunity for change in the bus¬ 
iness. The size of the business increases the 
danger arising from each member of the firm 
being responsible for all of its debts. It is 
therefore impracticable to carry on many of the 
large business enterprises that are necessary to 
the comfort and convenience of the people, such 
as railroads, telegraph lines, etc., by partner¬ 
ships. 

To meet these difficulties another way of doing 
business was worked out. This plan is for a 
number of persons to agree together for each of 
them to put a named amount of money into a 
business. The sum paid by each, which need not 


352 


ELEMENTARY CIVICS. 


be the same for all the persons, represents the 
investment or share of each in the undertaking. 
Each receives a written statement or certificate 
showing by whom the money was put in and 
how much he has contributed. The agreement 
also provides that the owner of these certificates 
may sell them and that the purchaser of the cer¬ 
tificates shall take the place in the business that 
the seller had held. 

The agreement further provides all the persons 
putting in the money and having these certifi¬ 
cates have the right to choose a few of their 
number to manage business for them all, and that 
the persons thus chosen shall really carry on the 
business without having to consult with the 
others. The agreement also fixes the length of 
time the business is to continue and under what 
name it shall he carried on. Finally they agree 
that no one of them shall owe anything on the 
debts made in carrying on. the business and that 
all creditors of the concern will have to look only 
to it and its property, or assets, as such prop¬ 
erty is called, for payment of what is due 
them. 

This agreement, if valid, you see relieves all 
the difficulties of the partnership way of doing 
business. But while some of its terms are legal, 
others are not, and cannot be enforced unless the 
state in some way gives its express. consent to 


MISCELLANEOUS PROVISIONS. 


353 


the agreement. The terms which cannot be en¬ 
forced without this express consent of the state 
are (a) those which give the right to the hold¬ 
ers of certificates of membership to sell these 
certificates and relieve themselves from further 
liability as members; (b) those which provide 
that the business shall not change with the 
change of membership; and (c) particularly 
those which provide that no member shall be 
responsible for the debts made in carrying on 
the business. 

To make these parts of the agreement bind¬ 
ing the state must in some way give its express 
consent to them, or to express it differently, the 
state must by some action by it, join in the 
agreement with the private individuals. With 
such consent the whole agreement is valid. 

In order that the terms of such an agreement 
may be understood alike by everybody and may 
be easily proved whenever that is desirable it is 
necessary to put the agreement in writing. This 
writing should show all about the transaction. 
If properly drawn up it would give the names 
of all the persons going into the business; would 
state how much money was to be put in alto¬ 
gether and what part of this each person paid: 
the nature of the business to be carried on: what 
its name should be; by whom and how the busi¬ 
ness should be managed, and for what time it 


354 


ELEMENTARY CIVICS. 


should continue, and would state clearly that all 
the persons entering into the agreement, includ¬ 
ing the State, had agreed that none of the parties 
was to be liable for debts made in carrying on 
the business, and that the business was to go on 
without reference to the change of members. 

Let us see how closely the agreement we have 
outlined corresponds with what is actually done 
in chartering a private corporation. The indi¬ 
viduals going into the business and who put in 
their money correspond to the stockholders of 
the corporation. The written statements show¬ 
ing how much money has been paid in and by 
whom, correspond with the certificates of stock. 
The entire amount of money paid in by all cor¬ 
responds with the capital of the corporation. 
The name of the business corresponds with the 
corporate name. The length of time the busi¬ 
ness is to continue corresponds with the time set 
out in the charter for the life of the corporation. 
The parties agreed upon as managers, corre¬ 
spond to the directors and other officers of the 
corporation. The statements as to how the busi¬ 
ness is to be run correspond with the by-laws. 
The fact that the members are not to be respon¬ 
sible for the debts of the concern correspond 
with the limited liability of the stockholders. 
The fact that the business was to go on unaffect¬ 
ed by change of members corresponds to the 


MISCELLANEOUS PROVISIONS. 


355 


corporate idea of continuing. The fact that the 
State is a party to the agreement and signs it 
corresponds to the joinder -in the charter by 
the state. We find, therefore, that this arrange¬ 
ment not only comes very close to following the 
methods necessary to create a private corpora¬ 
tion, but that in law and in fact actually does 
follow them. 

It is true that the business world and the law 
each aiding the other, have gotten the private 
corporate idea very much clouded and confused 
with fictions and technicalities. Notwithstand¬ 
ing this the simple process just given you is the 
real base and framework of all corporate ex¬ 
istence, so far as private business affairs are 
concerned. 

We may say then that: A private corpora¬ 
tion is a combination of persons formed by 
agreement between them and the state for the 
purpose of carrying on a particular business, 
under a designated name and for a fixed time 
without legal liability on the part of its members 
for debts made in carrying on the business, 
which combination continues the same in legal 
idea although the members composing it may 
change. 

Do not get the idea that this is a technically 
accurate definition of a private corporation. A 
lawyer might be able to point out several points 


356 


ELEMENTARY CIVICS. 


in which it is not strictly correct. It is, how¬ 
ever, sufficiently close to the legal idea to answer 
all practical purposes in this course. 

We must not forget that the three leading 
points in the corporate way of doing business 
are: first, the concentration of the power to 
manage the business in a few persons; second, 
that no one of the persons interested in the busi¬ 
ness can be made to pay any of its debts, but that 
all creditors of the business must collect their 
debts from the property owned by the corpora¬ 
tion ; and, third, the continuous life of the corpo¬ 
ration notwithstanding the change of members. 
It is the combination of these three things that 
gives private corporations such immense power, 
and sometimes makes them reckless in its use. 

The increase of power comes from the concen¬ 
tration of the right to manage and the power of 
continuous life. The temptation to use the power 
recklessly comes from freedom from responsi¬ 
bility by any of those interested in the business 
or engaged in its management. 

Many corporations do not render any public 
services but are engaged in strictly private bus¬ 
iness, such as carrying on stores, etc. These 
corporations rarely have any monopolistic 
power. Still as they are created by the aid of 
the state and have the concentrated power, lim¬ 
ited liability and continuous existence, which. 


MISCELLANEOUS PROVISIONS. 


357 


under our law, go with the corporate way of 
doing business they ought to be carefully regu¬ 
lated. The regulation ought to be just. So long 
as it is it can do no harm to the corporation and 
may still afford needed protection to the public. 

In addition, to the points just discussed, many 
private corporations carry on businesses in 
which the public is very much interested; such 
as operating railroads, telegraph lines, etc. These 
are called public service corporations. It is in 
the power of all such companies to either greatly 
benefit or greatly injure the public or particular 
localities or individuals. 

Let us illustrate by a railroad company. Such 
a company is created to build and keep up a 
railroad between different sections of the coun¬ 
try, for the purpose of carrying persons and 
goods along its route. As we have seen, some 
way of communicating between different sec¬ 
tions is absolutely necessary. Before the road 
is built there are stage coaches and freight 
wagons running between the different places 
that are connected by the railroad upon its con¬ 
struction. These stages and wagons cannot com¬ 
pete with the railroad and hence go out of busi¬ 
ness after it begins to operate. After that, if 
one wishes to go himself or to send anything 
from one point to another on the railroad he 
must use it. He has practically no choice. The 


358 


ELEMENTARY CIVICS. 


railroad under such conditions is a monopoly in 
fact, though it might not be defined as such by 
the law. If left to itself it could charge almost 
anything it wanted to for its services, and could 
make any sort of differences that it saw fit in its 
charges against different persons or to or from 
different places. By these means it could ruin 
one merchant and make his rival rich. Or it 
could favor all the merchants in one town with 
low rates and charge exorbitant rates to another 
town close by, and in this way build up the one 
and destroy the other. 

You see from these facts how important it is 
for the state to have real control over corpora¬ 
tions of this kind, so as to make them do their 
duty to all the people and to each individual. 
The Constitution of Texas gives to the Govern¬ 
ment extraordinary powers of control over such 
corporations. This is particularly true as to 
railroad companies and to railroads as we shall 
see in discussing them later on. 

How Private Corporations Are Created. —We 
have seen that the state must take part in the 
promotion of every private corporation. The 
written instrument showing the state’s consent 
to and joinder in the creation of a corporation 
is called a charter. Such action by the state 
may be evidenced in two ways. Hence we say 
that there are two ways of creating private cor- 


MISCELLANEOUS PROVISIONS. 


359 


porations. One is by special law, chartering the 
particular company and the other is by passing 
a general law giving the way in which charters 
may be obtained and letting the particular indi¬ 
viduals apply for charters in the manner set out 
in the general law. In Texas only the second 
method is now permitted. In whichever way 
the corporation is created it has only such pow¬ 
ers and can do only such things as its charter, 
properly construed, gives it the right to do. 

Under the present law in Texas corporations 
can be created to carry on almost any kind of a 
private business, but we must not forget that a 
corporation can never be created for any pur¬ 
pose not set out in the law. 

QUESTIONS. 

1. When was the University of Texas established? How 
long ago was that? Are there any officers or teachers or 
students now who were there when the school was opened? 
How many changes have taken place in its buildings? Is 
the University the same institution now that it was when it 
opened ? 

2. What is the most distinguishing characteristic of a 
corporation? Can there be a corporation without this? 
Who must take part in or authorize the creation of a cor¬ 
poration ? Must a corporation have a continuing, definite 
purpose? Write out a short statement accurately express¬ 
ing the ideas in your last four answers. Compare the 
statement you have just written with the definition given of 


360 


ELEMENTARY CIVICS. 


a corporation in the text and see in what they are alike, 
and in what they differ. 

3. What are corporations called which are created for 
the purpose of governing the people? From what Latin 
word do they get this adjective ? 

4. Name the three most important classes of municipal 
corporations in Texas? 

5. By what authority are counties always created? In 
creating a county is it necessary to get the consent of the 
people living in the territory affected? What is a county 
seat? Name the principal county officers? How are these 
officers selected? In case of a vacancy in any of the offices 
except district clerk how is it filled? 

6. How do counties get money to pay their expenses? 
What is the limit to the county’s power to tax? 

7. In what two ways can cities and towns be incorpo¬ 
rated? Which of these methods must be followed in Texas 
in incorporating communities having less than ten thousand 
inhabitants? What powers do cities have? 

8. What is the chief executive officer of a city usually 
called? Name the other city officers. 

9. Who exercise the legislative powers of a city? Can 
a city pass any ordinance not authorized by-its charter? 

10. Could a person doing business by himself know 
certainly that he could keep up the business for any cer¬ 
tain length of time? If two men formed a partnership 
could they know that both would live for any certain 
length of time? Would either of these methods of doing 
business give any assurance that the business would last, 
say, fifty years? 

11 . In a partnership, who controls the business? Is 
there any way to prevent any of the partners from with¬ 
drawing from the firm whenever he vdshes to? Who are 
responsible for the debts of a partnership? 


MISCELLANEOUS PROVISIONS. 


361 


12. What effect does it have on the objectionable fea¬ 
tures of a partnership business, if you enlarge the busi¬ 
ness? Would it be practicable at all to carry on such busi¬ 
ness as operating railroads, telegraph lines and other enter¬ 
prises of that sort, by partnership? 

13. What plan of doing business was worked out in or¬ 
der to relieve the difficulties found in carrying on such 
enterprises by partnership? Would an agreement hav¬ 
ing all these features be valid without express consent of 
the state? Which of the terms in such an agreement re¬ 
quire such special authority? AVhy ought such an agree¬ 
ment to be in writing? What ought such writing to show? 

14. Trace out the correspondence between such an agree¬ 
ment and one creating a private corporation. 

15. Write out the definition of a private corporation. 
Compare your definition with the one in the text and see 
whether or not they are the same in thought. 

16. Name the three leading points of advantage in the 
corporate method of doing business? From what does the 
increase of power found in corporate enterprises come? 
What gives rise to temptation to use this power recklessly? 
Why does the state have the right and owe the duty to 
control all private corporations? 

17. What additional reasons are there for the state ex¬ 
ercising extraordinary control over corporations engaged 
in such enterprises as operating railroads, supplying water 
and light, etc.? 

18. What is the charter of a corporation? In what 
two ways may private corporations be created? What 
gives the measure and limit of corporate power of each 
corporation? Can a corporation be created to carry on 
any business not particularly provided for by law? 


362 


ELEMENTARY CIVICS. 


CHAPTER XXX. 

Miscellaneous Provisions of the Texas Constitu¬ 
tion—Concluded. 

Railroads and Railroad Companies. —It is im¬ 
possible to have civilized life, such as we are ac¬ 
customed to, without means or ways by which 
people can go from one place to another and 
move different things so as to get them from the 
places where the}^ are made or sold to the 
places where they are to be used. However rich 
and productive a piece of land may be it could 
not be used by its owner to produce everything 
that he would need for the health of his family. 
If he could grow the raw material for everything 
he needed without assistance from other per¬ 
sons, he could not manufacture this into articles 
such as he could use. Establishing and keeping 
open public highways is, therefore, one of the 
first duties of the Government. 

Section 2 of Article 10 of the Constitution is 
in the following words: “Railroads heretofore 
constructed or which may hereafter be con¬ 
structed in this state are hereby declared public 
highways, and railroad companies common car¬ 
riers. The Legislature shall pass laws to regu- 


MISCELLANEOUS PROVISIONS. 


363 


late railroad freight and passenger tariffs, to 
correct abuses, and prevent unjust discrimina¬ 
tion and extortion in the rates of freight and pas¬ 
senger tariffs on the different railroads in this 
state, and enforce the same by adequate penal¬ 
ties; and for the further accomplishment of these 
objects and purposes may provide and establish 
all requisite means and agencies invested with 
such powers as may be deemed adequate and ad¬ 
visable/ ’ 

The first sentence of this section declares 
that all railroads are public highways. We have 
seen that it is the duty of the state to provide 
highways for its people, so that they can come 
and go, and send and bring the things that they 
need as they may desire. When the Constitution 
says railroads are public highways, this gives 
the idea that they are subject to extensive con¬ 
trol by the legislature. The same idea is carried 
in the last statement in the sentence when it de¬ 
clares that railroad companies are common, car¬ 
riers. A common carrier is one engaged in the 
business of carrying freight and passengers, for 
all persons who apply. For centuries the En¬ 
glish government and the governments of Amer¬ 
ica have exercised very strict control over com¬ 
mon carriers because of the public nature of the 
business in which they are engaged. 

Taken together these two statements show 


364 


ELEMENTARY CIVICS. 


conclusively that the state has the right to con¬ 
trol railroads and railroad companies in a spec¬ 
ial way and more completely than she does ordi¬ 
nary business operations. The next sentence in 
this section of the Constitution makes it the duty 
of the legislature to pass laws to regulate freight 
and passenger charges on railroads and to cor¬ 
rect all kinds of abuses that may grow up in car¬ 
rying on the business of railroads. 

The legislature is also given power to prevent 
unjust discriminations in the charges which the 
roads make, either to different persons in the 
same community, or to different communities, 
or in the service rendered either. You must 
note carefully that all discrimination is not for¬ 
bidden. Only such as is unjust. It is impos¬ 
sible to give everyone the same treatment. Un¬ 
important differences made for good reasons 
should be permitted. No differences ought to be 
permitted which give to one person or commu¬ 
nity any real advantage over another. The sec¬ 
tion further commands the legislature to forbid 
any and all overcharges by the railroads for ser¬ 
vices rendered. Not only must the legislature 
make laws forbidding all the things mentioned 
above, but it is especially commanded to enforce 
obedience to these laws by providing adequate 
penalties to be inflicted for disobeying them or 
any of them. 


MISCELLANEOUS PROVISIONS. 


365 


So much of this section as we have considered 
up to this time treats of railroads and railroad 
companies and direct control of them by the 
legislature. This method of regulation was tried 
in Texas for many years. It proved inadequate. 
There was no authority in the Constitution as it 
then read, for the legislature to create any board 
or agency to control or assist in controlling the 
railroads. 

In 1891 the section of the Constitution which 
we are now considering was amended with the 
view of giving the legislature the authority nec¬ 
essary to create a Railroad Commission. These 
amendments consisted in some immaterial 
changes in the language of the section that we 
have heretofore considered and in adding an en¬ 
tirely new clause, which is now the concluding 
portion of the section. 

State Railroad Commission.—Under the au¬ 
thority conferred upon it by the amendments 
just referred to the legislature, in 1891, created 
the Railroad Commission of Texas. This is an 
official body of three members, who are called 
Railroad Commissioners. These officers are 
elected by the people, hold office for six years 
and receive a salary of $4,000 per year each. 

The duties of the Commission, stated in gen¬ 
eral terms, are: 

First.—To obtain information of all kinds re- 


36)6 


ELEMENTARY CIVICS. 


garding railroads in Texas. This should cover 
the locations of the lines of road, the cost of 
building them, their present condition, their 
present value, the kinds of cars and engines and 
other equipment they have, how the roads are 
run, what the cost of running them is, how much 
stock they have issued, how much bonded and 
other indebtedness they have, the amount of 
business they do in freight and passengers, what 
charges they make for their services, and all 
other matters connected with the business and 
operation of the road. . All information gotten 
should be kept in a permanent record. 

Second.—To make such rules and regulations 
governing the railroads and their affairs as shall 
prevent their making improper charges or un¬ 
just discrimination between places or persons, 
and all other rules that will prevent or correct 
abuses. Under this authority the Commission 
fixes the charges for carrying different kinds of 
freight for different distances and between dif¬ 
ferent places, and the charges for passenger ser¬ 
vice. It may require the building of depots and 
stations, and regulate crossing of the tracks of 
different roads, and do anything and everything 
necessary to accomplish the purposes set out in 
the section of the Constitution which we have 
quoted. 

Third.—It is the duty of the Commission 


MISCELLANEOUS PROVISIONS. 


367 


whenever a complaint against a road is made be¬ 
fore it charging any railroad company with any 
violation of the law, which seems to be reason¬ 
able, accurate and substantially true, to investi¬ 
gate the matter and determine whether or not 
the road is guilty, and if so, to say how it shall 
be punished under the law. It cannot enforce 
these penalties by any action of its own, but it 
can order the Attorney General or other proper 
officer to bring suit to collect them. In the trial 
of such a suit the decision by the Commission 
that the road is guilty will be taken as true un¬ 
less the company introduces evidence to show 
that it is incorrect. 

These are very great powers and should be 
exercised with great care. The Commission in 
fact has been of great service to the State and 
to the people. 

Amendments to the Constitution. —Govern¬ 
ments are intended to be permanent. They 
may always be changed by revolution. No peo¬ 
ple ever has, and perhaps none could, give up 
the right to institute and carry on a revolution 
whenever the majority of them wanted to do so. 
Still when the people prepare written constitu¬ 
tions they and the governments founded by 
them are intended to continue. They ought not 
to be changed rashly or without due considera¬ 
tion. Still there ought to be some way by 


368 


ELEMENTARY CIVICS. 


which the plan of government could keep up 
with the progress of the people. If there were 
no other way provided by which to do this rev¬ 
olutions would necessarily occur. To prevent 
this, in preparing a constitution, the people put 
in it very plain provisions authorizing amend¬ 
ments or changes of the instrument. 

In Texas the method of amending the Consti¬ 
tution is as follows: Any desired amendment 
must be submitted to the Legislature in the form 
of a resolution. This must be passed in the 
same way as bills are passed in order to make 
them laws, except that it is necessary that such 
resolution should receive two-thirds of the vote 
in each house. The vote is taken by “Yea” and 
“Nay” and entered on the Journal of each 
house. If the proposed amendment is passed 
by the Legislature it must then be submitted to 
the Governor for his approval. If he vetoes it 
that ends the matter. If he approves it, it 
must then be submitted to a vote of the people. 
This may be either at special election called for 
this purpose or at a general election. A major¬ 
ity of the votes cast on the amendment is neces¬ 
sary for its adoption. 

There are a number of other Constitutional 
provisions of importance, but it does not seem 
advisable to consider them further. 


MISCELLANEOUS PROVISIONS. 


369 


QUESTIONS. 

1. Why is it necessary to have public highways? What 
does the Constitution mean when it says.that all rail-, 
roads are public highways? Who is a common carrier? 
Why do the people claim the privilege of controlling com¬ 
mon carriers very strictly? What power is given by Ar¬ 
ticle X, Section 2, of our Constitution to the legislature 
as to direct control over railroad companies? What is 
meant by an unjust discrimination? What are over¬ 
charges? What does the Constitution require of a legis¬ 
lature as to enforcing obedience to the law by the railroads ? 

2. What provision is there in this section of the Consti¬ 
tution for the creation of a Railroad Commission? What 
is the State Railroad Commission? How are its members 
selected? For what term do they serve, and what salary 
do they receive ? 

3. What duties and powers has this commission with 
reference to getting information from and concerning the 
railroads? What are its powers with reference to making 
rules and regulations for railroads? What are its powers 
as to investigating charges of violations of law by railroads? 

4. Why was it necessary to provide for amendments to 
the state Constitution ? In what way may amendments 
to the Constitution of Texas be made? 


370 


ELEMENTARY CIVICS. 


APPENDIX. 


CONSTITUTION OF THE UNITED STATES. 

PREAMBLE. 

We, the people of the United States, in order to form a 
more perfect union, establish justice, insure domestic tran¬ 
quility, provide for the common defense, promote the general 
welfare, and secure the blessings of liberty to ourselves and 
our posterity, do ordain and establish this Constitution for 
the United States of America. 

ARTICLE I. 

Section I. All legislative powers herein granted shall be 
vested in a Congress of the United States, which shall consist 
of a Senate and House of Representatives. 

Section II. 1. The House of Representatives shall be com¬ 
posed of members chosen every second year by the people of 
the several States, and the electors in each State shall have 
the qualifications requisite for electors of the most numerous 
branch of the State Legislature. 

2. No person shall be a Representative who shall not have 
attained the age of twenty-five years, and been seven years a 
citizen of the United States, and who shall not, when elected, 
be an inhabitant of the State in which he shall be chosen. 

3. Representatives and direct taxes shall be apportioned 
among the several States which may be included within this 
Union according to their respective numbers, which shall be 
determined by adding to the whole number of free persons, 
including those bound to service for a term of years, and 
excluding Indians not taxed, three-fifths of all other persons. 
The actual enumeration shall be made within three years 
after the first meeting of the Congress of the United States. 



APPENDIX. 


371 


and within every subsequent term of ten years, in such man¬ 
ner as they, by law, shall direct. The number of Repre¬ 
sentatives shall not exceed one for every 30,000, but each 
State shall have at least one Representative; and until such 
enumeration shall be made the State of New Hampshire shall 
be entitled to choose 3; Massachusetts, 8; Rhode Island and 
Providence Plantations, 1; Connecticut 5; New York, 6; New 
Jersey, 4; Pennsylvania, 8; Delaware 1; Maryland 6; Vir¬ 
ginia, 10; North Carolina, 5; South Carolina, 5; and Geor¬ 
gia, 3. 

4. When vacancies happen in the representation from any 
State, the executive authority thereof shall issue writs of 
election to fill such vacancies. 

5. The House of Representatives shall choose their Speaker 
and other officers, and shall have the sole power of impeach¬ 
ment. 

Section III. 1. The Senate of the United States shall be 
composed of two Senators from each State, chosen by the Leg¬ 
islature thereof, for six years. Each Senator shall have 
one vote. 

2. Immediately after they shall be assembled in conse¬ 
quence of the first election they shall be divided, as equally 
as may be, into three classes. The seats of the Senators of 
the first class shall be vacated at the expiration of the second 
year; of the second class at the expiration of the fourth year, 
and the third class at the expiration of the sixth year—so 
that one-third may be chosen every second year; and if va¬ 
cancies happen, by resignation or otherwise, during the re¬ 
cess of the Legislature of any State, the executive thereof 
shall make temporary appointments until the next meeting 
of the Legislature, which shall then fill such vacancies. 

3. No person shall be a Senator who shall not have attained 
to the age of thirty years, and been nine years a citizen of 
the United States, and who shall not when elected be an in¬ 
habitant of that State for which he shall be chosen. 

4. The Vice-President of the United States shall be Pres¬ 
ident of the Senate, but shall have no vote unless they be 
equally divided. 

5. The Senate shall choose their other officers, and also a 
President pro tempore in the absence of the Vice President, or 


372 


ELEMENTARY CIVICS. 


when he shall exercise the office of President of the United 
States. 

6. The Senate shall have the sole power to try all im¬ 
peachments. When sitting for that purpose they shall be 
on oath or affirmation. When the President of the United 
States is tried the Chief Justice shall preside, and no person 
shall be convicted without the concurrence of two-thirds of 
the members present. 

7. Judgment in case of impeachment shall not extend fur¬ 
ther than to removal from office and disqualification to hold 
and enjoy any office of honor, trust or profit under the United 
States; but the party convicted shall nevertheless be liable and 
subject to indictment, trial, judgment and punishment ac¬ 
cording to law. 

Section IV. 1. The times, places and manner of holding 
elections for Senators and Representatives shall be prescribed 
in each State by the Legislature thereof, but Congress may, 
at any time, by law, make or alter such regulations, except 
as to places of choosing Senators. 

2. The Congress shall assemble at least once in every year, 
and such meeting shall be on the first Monday in December, 
unless they shall by law appoint a different day. 

Section V. 1. Each House shall be the judge of the elec¬ 
tions, returns and qualifications of its own members, and a 
majority of each shall constitute a quorum to do business, 
but a smaller number may adjourn from day to day, and may 
be authorized to compel the attendance of absent members, 
in such manner and under such penalties as each House may 
provide. 

2. Each House may determine the rules of its proceedings, 
punish its members for disorderly behavior, and with the 
concurrence of two-thirds, expel a member. 

3. Each House shall keep a Journal of its proceedings, 
and from time to time publish the same, excepting such parts 
as may, in their judgment, require secrecy, and the yeas and 
nays of the members of either House on any question shall, 
at the desire of one-fifth of those present, be entered on the 
Journal. 

4. Neither House during the session of Congress shall, 
without the consent of the other, adjourn for more than three 


APPENDIX. 


• 373 


days, nor to any other place than that in which the two Houses 
shall be sitting. 

Section VI. 1. The Senators and Representatives shall 
receive compensation for their services to be ascertained by 
law and paid out of the treasury of the United States. They 
shall in all cases, except treason, felony and breach of the 
peace, be privileged from arrest during their attendance at the 
session of their respective Houses, and in going to or return¬ 
ing from the same, and for any speech or debate in either 
■House they shall not be questioned in any other place. 

2. No Senator or Representative shall, during the time for 
which he was elected, be appointed to any civil office under 
the authority of the United States, which shall have been cre¬ 
ated, or the emoluments whereof shall have been increased 
during such time, and no person holding any office under the 
United States shall be a member of either House during his 
continuance in office. 

Section VII. 1. All bills for raising revenue shall originate 
in the House of Representatives, but the Senate may propose 
or concur with amendments as on other bills. 

2. Every bill which shall have passed the House of Rep¬ 
resentatives and the Senate shall, before it becomes a law, be 
presented to the President of the United States. If he ap¬ 
proves, he shall sign it, but if not, he shall return it, with 
his objections, to that House in which it shall have originated, 
who shall enter the objections at large on their Journal and 
proceed to reconsider it. If, after such reconsideration, two- 
thirds of that House shall agree to pass the bill, it shall be 
sent, together with the objections, to the other House, by 
which it shall likewise be reconsidered, and if approved by 
two-thirds of that House it shall become a law. But in all 
such cases the votes of both Houses shall be determined by 
yeas and nays, and the names of the persons voting for and 
against the bill shall be entered on the Journals of each House 
respectively. If any such bill shall not be returned by the 
President within ten days (Sundays excepted) after it shall 
have been presented to him, the same shall be a law in like 
manner as if he had signed it, unless the Congress, by their 
adjournment, prevent its return, in which case it shall not 
be a law. 


374 


ELEMENTARY CIVICS. 


3. Every order, resolution or vote to which the concur¬ 
rence of the Senate and House of Representatives may be 
necessary (except on a question of adjournment) shall be pre¬ 
sented to the President of the United States, and before the 
same shall take effect shall be approved by him; or, being dis¬ 
approved by him, shall be repassed by two-thirds of the Sen¬ 
ate and House of Representatives, according to the rules and 
limitations prescribed in the case of a bill. 

Section VIII. The Congress shall have power— 

1. To lay and collect taxes, duties, imposts and excises, ttf 
pay the debts and provide for the common defense and general 
welfare of the United States, but all duties, imposts and ex¬ 
cises shall be uniform throughout the United States. 

2. To borrow money on the credit of the United States. 

3. To regulate commerce with foreign nations, and among 
the several States, and with the Indian tribes. 

4. To establish a uniform rule of naturalization and uni¬ 
form laws on the subject of bankruptcies throughout the 
United States. 

5. To coin money, regulate the value thereof, and of for¬ 
eign coin, and for the standard of weights and measures. 

6. To provide for the punishment of counterfeiting the 
securities and current coin of the United States. 

7. To establish postoffices and postroads. 

8. To promote the progress of science and useful arts, by 
securing for limited times to authors and inventors the ex¬ 
clusive right to their respective writings and discoveries. 

9. To constitute tribunals inferior to the Supreme Court. 

10. To define and punish piracies and felonies committed 
on the high seas and offenses against the laws of nations. 

11. To declare war, grant letters of marque and reprisal, 
and make rules concerning captures on land and water. 

12. To raise and support armies, but no appropriation of 
money to that use shall be for a longer term than two years. 

13. To provide and maintain a navy. 

14. To make rules for the government and regulation ot 
the land and naval forces. 

15. To provide for calling forth the militia to execute the. 
laws of the Union, suppress insurrections and repel invasions. 

16. To provide for organizing, arming and disciplining the 


APPENDIX. 


375 


militia and for governing such parts of them as may be em¬ 
ployed in the service of the United States, reserving to the 
States respectively the appointment of the officers and the 
authority of training the militia according to the discipline 
prescribed by Congress. 

17. To exercise exclusive legislation in all eases what¬ 
soever over such district (not exceeding ten miles square) 
as may, by cession of particular States and the acceptance of 
Congress, become the seat of the government of the United 
States, and to exercise like authority over all places purchased 
by the consent of the Legislature of the State in which the 
same shall be Tor the erection of forts, magazines, arsenals, 
dock yards and other needful buildings, and 

18. To make all laws which shall be necessary and proper 
for carrying into execution the foregoing powers and all other 
powers vested by this Constitution in the government of the 
United States, or in any department or office thereof. 

Section IX. 1. The migration or importation of such 
persons as any of the States now existing, shall think proper 
to admit, shall not be prohibited by the Congress prior to 
the year 1808, but a tax or duty may be imposed on such im¬ 
portation not exceeding ten dollars for each person. 

2. The privilege of the writ of habeas corpus shall not be 
suspended unless when in case of rebellion or invasion the 
public safety may require it. 

3. No bill of attainder or ex post facto law shall be passed. 

4. No capitation or other direct tax shall be laid unless 
in proportion to the census or enumeration hereinbefore di¬ 
rected to be taken. 

5. No tax or duty shall be laid on articles exported from 
any State. No preference shall be given by any regulation 
of commerce or revenue to the ports of one State over those 
of another, nor shall vessels bound to or from one State be 
obliged to enter, clear or pay duties in another. 

6. No money shall be drawn from the treasury but in con¬ 
sequence of appropriations made by law, and a regular state¬ 
ment and account of the receipts and expenditures of all pub¬ 
lic money shall be published from time to time. 

7. No title of nobility shall be granted by the United 
States, and no person holding any office of profit or trust un- 


ELEMENTARY CIVICS. 


376 

der them shall, without the consent of Congress, accept any 
present, emolument or title of any kind whatever from any 
king, prince or foreign state. 

Section X. 1. No State shall enter into any treaty, alli¬ 
ance or confederation; grant letters of marque and reprisal; 
coin money; emit bills of credit; make anything but gold and 
silver coin a tender in payment of debts; pass any bill of at¬ 
tainder, ex post facto law, or law impairing the obligation of 
contracts, or grant any title of nobility. 

2. No State shall, without the consent of the Congress, 
lay any imposts or duties on imports or exports, except what 
may be absolutely necessary for executing its inspection laws; 
and the net produce of all duties and imposts laid by any 
State on imports or exports, shall be for the use of the Treas¬ 
ury of the United States; and all such laws shall be subject 
to the revision and control of the Congress. 

3. No State shall, without the consent of the Congress, 
lay any duty on tonnage, keep troops or ships of war in time 
of peace, enter into any agreement or compact with another 
State, or with a foreign power, or engage in war, unless ac¬ 
tually invaded or in such imminent danger as will not admit 
of delay. 


ARTICLE II. 

Section I. 1. The executive power shall be vested in a 
President of the United States of America. He shall hold 
his office during the term of four years, and, together with 
the Vice-President, chosen for the same time, be elected as 
follows: 

2. Each State shall appoint, in such manner as the Leg¬ 
islature thereof may direct, a number of electors, equal to 
the whole number of Senators and Representatives to which 
the State may be entitled in the Congress; but no Senator or 
Representative, or person holding an office of trust or profit 
under the United States, shall be appointed an elector. 

3. (Annulled. See Amendments, Article XII.) 

4. The Congress may determine the time of choosing the 
electors, and the day on which they shall give their votes; 
which day shall be the same throughout the United States. 

5. No person except a natural born citizen or a citizen of 


APPENDIX. 


377 


the United States at the time of the adoption of the Consti¬ 
tution, shall be eligible to the office of President; neither shall 
any person be eligible to that office who shall not have at¬ 
tained the age of thirty-five years, and been fourteen years 
a resident within the United States. 

6. In case of the removal of the President from office, 
or of his death, resignation or inability to discharge the pow¬ 
ers and duties of the said office, the same shall devolve on the 
Vice-President, and the Congress may by law provide for 
the removal, death, resignation or inability both of the Pres¬ 
ident and Vice-President, declaring what officer shall then 
act as President, and such officer shall act accordingly until 
the disability be removed, or'a President shall be elected. 

7. The President shall at stated times receive for his ser¬ 
vices compensation, which shall neither be increased nor di¬ 
minished during the period for which he shall have been 
elected, and he shall not receive within that period any other 
emolument from the United States or any of them. 

8. Before he enters on the execution of his office he shall 
take the following oath or affirmation: 

“I do solemnly swear (or affirm), that I will faithfully ex¬ 
ecute the office of President of the United States, and will, 
to the best of my ability, preserve, protect and defend the 
Constitution of the United States.” 

Section II. 1. The President shall be commander-in-chief 
of the army and navy of the United States, and of the militia 
of the several States when called into active service of the 
United States. He may require the opinion, in writing, of the 
principal officer in each of the executive departments upon 
any subject relating to the duties of their respective offices, 
and he shall have power to grant reprieves and pardons for 
offenses against the United States, except in cases of im¬ 
peachment. 

2. He shall have power, by and with the advice and con¬ 
sent of the Senate, to make treaties, provided two-thirds of 
the Senators present concur; and he shall nominate and by 
and with the advice and consent of the Senate, shall appoint 
ambassadors, other public ministers and consuls, judges of the 
Supreme Court, and all other officers of the United States 
whose appointments are not herein otherwise provided for, 


378 


ELEMENTARY CIVICS. 


and which shall be established by law; but the Congress may, 
by law, vest the appointment of such inferior officers as they 
think proper in the President alone, in the courts of law or in 
the heads of departments. 

3. The President shall have power to fill up all vacancies 
that may happen during the recess of the Senate by granting 
commissions which shall expire at the end of the next session. 

Section III. 1. He shall from time to time give to the 
Congress information of the state of the Union, and recom¬ 
mend to their consideration such measures as he shall judge 
necessary and expedient. He may, on extraordinary occa¬ 
sions, convene both Houses, or either of them, and in case of 
disagreement between them with respect to the time of ad¬ 
journment, he may adjourn them until such time as he shall 
think proper. He shall receive ambassadors and other pub¬ 
lic ministers. He shall take care that the laws be faithfully 
executed, and shall commission all the officers of the United 
States. 

Section IV. The President, Vice-President and all civil offi¬ 
cers of the United States shall be removed from office on im¬ 
peachment for and conviction of treason, bribery or other 
high crimes and misdemeanors. 

ARTICLE III. 

Section I. The judicial power of the United States shall be 
vested in one Supreme Court, and in such inferior courts as 
the Congress may from time to time ordain and establish. 
The judges, both of the Supreme and inferior courts, shall 
hold their offices during good behavior, and shall at stated 
times receive for their services a compensation which shall 
not be diminished during their continuance in office. 

Section II. 1. The judicial power shall extend to all cases 
in law and equity arising under this Constitution, the laws 
of the United States, and treaties made, or which shall be 
made, under their authority; to all cases affecting ambassa¬ 
dors, other public ministers and consuls; all cases of admiralty 
and maritime jurisdiction; to controversies to which the 
United States shall be a party; to controversies between two 
or more States; between a State and citizens of another State; 
between citizens of different States; between citizens of the 


APPENDIX. 


379 


same State, claiming lands under grants of different States, 
and between a State and citizens thereof, and foreign states, 
citizens or subjects. 

2. In all cases affecting ambassadors, other public min¬ 
isters and consuls, and those in which a State shall be a party, 
the Supreme Court shall have original jurisdiction. In all 
the other cases before mentioned the Supreme Court shall 
have appellate jurisdiction both as to law and fact, with such 
exceptions and under such regulations as the Congress shall 
make. 

3. The trial of all crimes, except in cases of impeachment, 
shall be by jury, and such trial shall be held in the State 
where the said crimes shall have been committed; but when 
not committed within any State, the trial shall be at such 
place or places as the Congress may by law have directed. 

Section Til. 1. Treason against the United States shall 
, consist in levying war against them, or in adhering to their 
enemies, giving them aid and comfort. No person shall be 
convicted of treason unless on the testimony of two witnesses 
to the same overt act, or on confession in open court. 

2. The Congress shall have power to declare the punish¬ 
ment of treason, but no attainder of treason shall work cor¬ 
ruption of blood or forfeiture except during the life of the 
person attainted. 

ARTICLE IV. 

Section I. Full faith and credit shall be given in each 
State to the public acts, records and judicial proceedings of 
every other State. And the Congress may, by general laws, 
prescribe the manner in which such acts, records and proceed¬ 
ings shall be proved and the effect thereof. 

Section II. 1. The citizens of each State shall be entitled 
to all the privileges and immunities of citizens in the sev¬ 
eral States. 

2. A person charged in any State with treason, felony or 
other crime, who shall flee from justice and be found in an¬ 
other State, shall, on demand of the executive authority of 
the State from which he fled, be delivered up to be removed 
to the State having jurisdiction of the crime. 

3. No person held to service or labor in one State under 
the laws thereof, escaping into another, shall, in consequence 


380 


ELEMENTARY CIVICS. 


of any law or regulation therein, be discharged from such 
service or labor, but shall be delivered up on claim of the party 
to whom such service or labor may be due. 

Section III. 1. New States may he admitted by Congress 
into this Union, but no new State shall be formed or erected 
within the jurisdiction of any other State, nor any State be 
formed by the junction of two or more States or parts of 
States without the consent of the Legislatures of the States 
concerned, as well as of the Congress. 

2. The Congress shall have power to dispose of and make 
all needful rules and regulations respecting the territory or 
other property belonging to the United States; and nothing 
in this Constitution shall be so construed as to prejudice any 
claims of the United States or of any particular State. 

Section IV. The United States shall guarantee, to every 
State in this Union a republican form of government, and 
shall protect each of them against invasion; and on application 
of the Legislature or of the executive (when the Legislature 
can not be convened), against domestic violence. 

ARTICLE V. 

The Congress, whenever two-thirds of both Houses shall 
deem it necessary, shall propose amendments to this Constitu¬ 
tion, or on the application of the Legislatures of two-thirds 
of the several States, shall call a convention for proposing 
amendments, which in either case shall be valid to all intents 
and purposes as parts of this' Constitution, when ratified by 
the Legislatures of three-fourths of the several States, or by 
conventions in three-fourths thereof, as the one or the other 
mode of ratification may be proposed by the Congress; pro¬ 
vided, that no amendment which may be made prior to the 
year one thousand eight hundred and eight shall in any man¬ 
ner affect the first and fourth clauses in the ninth section of 
the first article; and that no State, without its consent, shall 
be deprived of its equal suffrage in the Senate. 

ARTICLE VI. 

1. All debts contracted and engagements entered into 
before the adoption of this Constitution shall be valid against 


381 


APPENDIX. 

the United States under this Constitution as under the Con¬ 
federation. 

2. This Constitution, and the laws of the United States 
which shall be made in pursuance thereof, and all treaties 
made, or which shall be made, under the authority of the 
United States, shall be the supreme law of the land; and the 
judges in every State shall be bound thereby, anything in the 
Constitution or laws of any State to the contrary notwith¬ 
standing. 

3. The Senators and Representatives before mentioned, 
and the members of the Several State Legislatures, and all 
executive and judicial officers, both of the United States and 
of the several States, shall be bound by oath or affirmation to 
support this Constitution; but no religious test shall ever be 
required as a qualification to any office or public trust un¬ 
der the United States. 


ARTICLE VII. 

The ratification of the convention of nine States shall be 
sufficient for the establishment of this Constitution between 
the States so ratifying the same. 


AMENDMENTS TO THE CONSTITUTION. 

ARTICLE I. 

Congress shall make no laws respecting an establishment 
of religion or prohibiting the free exercise thereof; or abridg¬ 
ing the freedom of speech or of the press; or the right of the 
people peaceably to assemble and to petition the government 
for a redress of grievances. 

ARTICLE II. 

A well regulated militia being necessary to the security of 
a free State, the right of the people to keep and bear arms 
shall not be infringed. 



382 


ELEMENTARY CIVICS. 


ARTICLE III. 

No soldier shall, in time of peace, be quartered in any 
house without the consent of the owner, nor in time of war, 
but in a manner to be prescribed by law. 

ARTICLE IV. 

The right of the people to be secure in their persons, houses, 
papers and effects, against unreasonable searches and seizures, 
shall not be violated, and no warrant shall issue but upon 
probable cause, supported by oath or affirmation, and par¬ 
ticularly describing the place to be searched and the person or 
things to be seized. 


ARTICLE V. 

No person shall be held to answer for a capital or other¬ 
wise infamous crime, unless on a presentment or indictment 
of a grand jury, except in cases arising in the land or naval 
forces, or in the militia when in actual service in time of war 
or public danger; nor shall any person be subject for the 
same offense to be twice put in jeopardy of life or limb; nor 
shall he be compelled in any criminal case to be a witness 
against himself, nor be deprived of life, liberty or property 
without due process of law; nor shall private property be 
taken for public use without just compensation. 

ARTICLE VI. 

In all criminal prosecutions the accused shall enjoy the 
right to a speedy and public trial, by an impartial jury of 
the State and district wherein the crime shall have been com¬ 
mitted, which district shall have been previously ascertained 
by law, and to be informed of the nature and cause of the 
accusation; to be confronted with the witnesses against him; 
to have compulsory process for obtaining witnesses in his fa¬ 
vor; and to have the assistance of counsel for his defense. 

ARTICLE VII. 

In suits at common law, where the value in controversy 
shall exceed twenty dollars, the right of trial by jury shall 


APPENDIX. 


383 


be preserved, and no fact tried by a jury shall be otherwise 
re-examined in any court of the United States than accord¬ 
ing to common law. 


ARTICLE VIII. 

Excessive bail shall not be required, nor excessive fines im¬ 
posed, nor cruel and unusual punishment inflicted. 

ARTICLE IX. 

The enumeration, in the Constitution, of certain rights shall 
not be construed to deny or disparage others retained by the 
people. 


ARTICLE X. 

The powers not delegated to the United States by the Con¬ 
stitution, nor prohibited by it to the States, are reserved to 
the States respectively or to the people. 

ARTICLE XI. 

The judicial power of the United States shall not be con¬ 
strued to extend to any suit in law or equity, commenced or 
prosecuted against one of the United States by citizens of an¬ 
other State, or by citizens or subjects of any foreign state. 

ARTICLE XII. 

Section 1. The electors shall meet in their respective States 
and vote by ballot for President and Vice-President, one of 
whom at least shall not be an inhabitant of the same State 
with themselves. They shall name in their ballots the per¬ 
sons voted for as President, and in distinct ballot the person 
voted for as Vice-President, and they shall make distinct lists 
of all persons voted for as President, and of all persons voted 
for as Vice-President, and of the number of votes for each, 
which lists they shall sign and certify and transmit sealed to 
the seat of the government of the United States, directed to 
the President of the Senate. The President of the Senate 


384 


ELEMENTARY CIVICS. 


shall, in the presence of the Senate and House of Represent¬ 
atives, open all certificates, and the votes shall then be 
counted. The person having the greatest number of votes 
for President shall be President, if such number be a ma¬ 
jority of the whole number of electors appointed, and if no 
person have such majority, then from the persons having the 
highest numbers, not exceeding three, on the list of those 
voted for as President, the House of Representatives shall 
choose immediately, by ballot, the President. 

But in choosing the President the vote shall be taken by 
States, the representation from each State having one vote. 
A quorum for this purpose shall consist of a member or mem¬ 
bers from two-thirds of the States, and a majority of all the 
States shall be necessary to a choice. And if the House of 
Representatives shall not choose a President, whenever the 
right of choice shall devolve upon them, before the fourth 
day of March next following, then the Vice President shall 
act as President, as in the case of death or other constitu¬ 
tional disability of the President. 

Section II. The person having the greatest number of votes 
as Vice-President shall be the Vice-President, if such num¬ 
ber be a majority of the whole number of electors appointed; 
and if no person have a majority, then from the two highest 
numbers on the list the Senate shall choose the Vice-Presi¬ 
dent. A quorum for the purpose shall consist of two-thirds 
of the whole number of Senators, and a majority of the whole 
number shall be necessary to a choice. 

Section III. But no person constitutionally ineligible to .the 
office of President shall be eligible to that of the Vice Presi¬ 
dent of the United States. 


ARTICLE XIII. 

Section I. Neither slavery nor involuntary servitude, ex¬ 
cept as a punishment for crime, whereof the party shall hav<? 
been duly convicted, shall exist within the United States or 
any place subject to their jurisdiction. 

Section II. Congress shall have power to enforce this ar¬ 
ticle by appropriate legislation. 


APPENDIX. 


385 


ARTICLE XIV. 

Section I. All persons born or naturalfzed In the United 
States and subject to the jurisdiction thereof are citizens of 
the United States and of the State wherein they reside. No 
State shall make or enforce any law which shall abridge the 
privileges or immunities of the citizens of the United States. 
Nor shall any State deprive any person of life, liberty or prop¬ 
erty without due process of law, nor deny to any person within 
its jurisdiction the equal protection of the laws. 

Section II. Representatives shall be apportioned among the 
several States according to their respective numbers, count¬ 
ing the whole number of persons in each State, excluding In¬ 
dians not taxed. But whenever the right to vote at any 
election for electors for President and Vice-President, or for 
United States Representatives In Congress, executive and ju¬ 
dicial officers, or the members of the Legislature thereof, 
is denied to any of the male inhabitants of such State, be¬ 
ing twenty-one years of age and citizens of the United 
States, or in any way abridged except for participation in 
rebellion or other crime, the basis of representation therein 
shall be reduced in proportion which the number of male 
citizens shall bear to the whole number of male citizens 
twenty-one years of age in such State. 

Section III. No person shall be a Senator or Representa¬ 
tive in Congress, elector of President and Vice-President, or 
hold any office, civil or military, under the United States or 
under any State, who, having previously taken an oath as 
a member of Congress or as an officer of the United States, 
or as a member of any State Legislature, or as an executive 
or judicial officer of any State, to support the Constitution 
of the United States, shall have engaged in insurrection or 
rebellion against the same, or given aid or comfort to ene¬ 
mies thereof, but Congress may by vote of two-thirds of each 
house remove such disability. 

Section IV. The validity of the public debt of the United 
States, authorized by law, including debts incurred for the 
payment of pensions and bounties for services in suppressing 
insurrection and rebellion, shall not be questioned; but 
neither the United States nor any State shall assume or pay 


386 


ELEMENTARY CIVICS. 


any debt or obligation incurred in aid of insurrection or re¬ 
bellion against the United States, or any claim for the loss 
or emancipation of any slave; but all such debts, obligations 
and claims, shall be held illegal and void. 

XV. 

Section I. The rights of citizens of the United States to 
vote snail not be denied or abridged by the United States 
or by any State on account of race, color or previous condi¬ 
tion of servitude. 

Section II. That Congress shall have power to enforce this 
article by appropriate legislation. 


INDEX 


Adjutant General, 252. 

Agriculture, Commissioner of, 
250. 

Agricultural and Mechanical 
College, 311. 

Alien, 49. 

Allegiance, 49. 

Amendments to Constitution 
of Texas, 367, 368. 

American development of gov¬ 
ernment, 33. 

Annexation of Texas, 92. 

Appeal, procedure on, 157, 
287. 

Appeals, 157, 268. 

Appellate Courts, 145. 

Appropriation, State, 24 2. 

Aristocracy, 18. 

Arms, right to bear, in Texas, 
326. 

Articles of Confederation, 34. 

Assessment of Taxes, see Tax¬ 
ation. 

Attorney General (Texas). 
246, 247. 

Bail, 324, 325. 

Ballots, 221-224. 

Bank Notes, 117-119. 

Banks, National, 124-126. 

Bankruptcy, 123. 

Bills of Credit, 120. 

Bill, Passage of a, 102-105. 

Bill of Rights, 38, 216, 321. 

Board Of Pardons (Texas), 
240, 252. 

Bonds (U. S.), 120. 

Borrow Money, Power to, 4 6, 
120 . 

Cabinet (U. S.), 141. 

Candidates, 59, 61-64. 

Carriers, Common, 363. 

Certificates, gold and silver, 
118. 


Charters of Colonies, 34, 65, 
71. 

Christian, Texas is a Christian 
country, 216. 

Circuit Court of Appeals, U. 
S., 157. 

Citation, 282. 

Cities and Towns, 25, 26, 184- 
185, 346-349. 

Citizen, 48; Duties of, 51. 

Citizens, Immunities and 
Privileges, 172. 

Circuit Court of Appeals, 157. 

Civil Appeals, Courts of 
(Texas), 288. 

Coining Money, 111-119. 

Colonies, 34, 65; Charters of, 
66, 71, 72, 80, 85, 176. 

Commerce, what is, 120; Reg¬ 
ulation of, by U. S., 121; 
by State, 121. 

Commerce, Guarantees as to, 
171. 

Committees, executive county, 
57; State, 58, 221-224. 

Commission, Railroad, 257, 
365-367. 

Commissioners Court, 182. 

Commissioner of Insurance 
and Banking (Texas), 251. 

Commissioner of the General 
Land Office (Texas) 244. 

Commissioner of Pensions, 
256. 

Common Schools, 313-318; 
districts, 315-317. 

Community System, 317. 

Comptroller of Public Ac¬ 
counts (Texas), 243. 

Confederation, the, 27, 29, 

39. 73-76, 80. 

Confederation, Articles of, 
34, 73, 74. 




388 


INDEX. 


Congress, Continental, 68-71. 

Congress (U. S.), 96-128; 

Formation of, 97, 80. 

Congress (U. S.), Powers of, 
10 6-128; Express, 107-124; 
Implied, 124-126; see also 
Senate (U. S.), House of 
Representatives (U. S.). 

Constitutions, how formed, 
20; development of, 34; 
Contents of, 35, 36-39; 

Purpose of, 55. 

Constitution, Amendments to, 
Texas, 367, 368. 

Constitution, English, 33. 

Constitution, U. S., creates 
government of the United 
States, 81-85; Amendments, 
85, 86; First Constitutional 
Convention, 76, 77; Guar¬ 
antees in, 160-173; Inter¬ 
pretation of, 85; Restric¬ 
tive, 160-173; Ratification 
of, 76. 

Constitutions of Texas, as Re¬ 
public, 199; of 1845, 204; 
of 1861, 205; of 1866, 207; 
of 1869, 209; of 1876, 209. 

Consultation of 1835 (Texas), 
194. 

Continental Congresses, 68-71. 

Contracts, obligations of, 167. 

Convention of 1836, 195. 

Convention, plan of nominat¬ 
ing by, 60. 

Conventions, see County Con¬ 
ventions; Delegate Conven¬ 
tions, Precinct Conventions, 
State Conventions. 

Convention of 1765, 67. 

Copyright, 123, 124. 

Corporations, 341-3 59; Pri¬ 
vate, 349-359; Not Citizens. 
173; see also Municipal 
Corporations. 

Counties, 25, 179-181; 344- 

346. 

Counties in Texas, 344-346. 

County Attorney, 276. 


County Commissioners Court 
(Texas), 182. 

County Convention, 60. 

County Courts (Texas), 268- 
271; Procedure in, 281-287. 

County Officers, 180, 258-345. 

County Superintendent, Toxas, 
314. J 

Courts, 144, 150-160; r Civil 
Appeals, 288; Circuit Court 
of Appeals, 157; Commis¬ 
sioners, 267; County, 268- 
271; Criminal Appeals, 
291; District, U. S., 148- 
156; State, 2 73-28 7; Jus¬ 
tices, 183, 265, 267; Su¬ 
preme, U. S., 159; Texas, 
289. 

Currency, 117-119. 

Declaration of Independence, 
U. S., 71, 177; Texas, 196. 

Declaration of Rights, 68. 

Pelegate Conventions, 60, 61, 
63, 64. 

Democracies, 18-25; pure, 18; 
representative, 19; devel¬ 
opment of, 31. 

Dependencies, U. S., 94. 

Disqualification for office in 
Texas, 224. 

District Attorney, 276. 

District Clerk, 2 77. 

District Conventions, 60. 

District Courts (Texas), 273- 
287; Original jurisdiction 
of, 273; Appellate jurisdic¬ 
tion of, 274; Terms of, 
275. 

District Court (U. S.), 148- 
156. 

Domicile and residence, 49. 

Due course of law, 326. 

Education, County Superin¬ 
tendent (Texas), 314, 315. 

Education, Board of (Texas), 
305, 313. 

Elections, Primary, see Pri¬ 
mary Elections. 

Elections, Regular, in Texas, 
62-64, 221-223. 




INDEX. 


389 


Elections, Regulation of, in 
Texas, 221-224. 

Electoral Colleges, 131-136. 
Eminent Domain, 46, 187. 
English Government, 17, 32. 
Evidence, 165, 284. 
Examining Trial, 291. 
Executive Department of Gov¬ 
ernment, 40, 42. 

Executive Department, State, 

236, 258; U. S., 129-142. 
Executive Department, U. S., 

129-142. 

Executive Officers (Texas), 

237, 257. 

Express Powers of Congress, 
107-124. 

Ex post facto laws, 168. 
Extradition of criminals, 172. 
Factors in Government, 1. 
Federal Government, see Gov¬ 
ernment of the U. S. 
Federal Judges, 160. 

Force necessary in govern¬ 
ing, 5. 

God, recognition of, in Texas 
Constitution, 217. 

Gold and silver certificates, 
117-119. 

Government, factors in, 1; 
definition of, 3, 13; organ¬ 
ization of, 11, 12; neces¬ 
sity for, 35; departments 
of, 7, 39, 42, 218; purpose 
of, 6; forms of, 15, 25, 31; 
powers of, 145, 166; when 
formed, 76; how formed. 
80. 

Government of the United 
States, 9, 21, 29. 
Governments, classification of, 
11, 12, 15-25, 31. 
Government, territorial, 88- 
91. 

Governing, processes in, 1. 
Governor of Texas, Inaugura¬ 
tion of, 238; qualification 
of, 238; powers and duties 
of, 239-241. 

Grand Jury, 153, 164, 278. 


Guarantees, U. S., 169-173, 

324; State, 322-327. 

Habeas Corpus, U. S., 163; 
Texas, 326. 

Health, Public, 47. 

Health Officer, State, 253. 

Historical Sketch of Texas, 
190-212. 

Homestead Exemption Laws, 
Texas, 202. 

Homestead, 33 4. 

House of Representatives, 
Texas, 230, 231-233. 

House of Representatives, U. 
S., 96, 99-101; separate 

powers, 128. 

Impeachment of Federal Offi¬ 
cers, 126-128. 

Implied Powers of Congress, 
124-126. 

Impressment of Property, 45. 

Independent School Districts, 
316. 

Indictments, 154, 164, 278. 

Inhabitants, 49. 

Initiative, 21. 

Insurance and Banking, Com¬ 
missioner of (Texas), 251. 

International Law, 51. 

Interstate Commerce, 121. 

Invasion and Insurrection, 
170. 

Jeopardy, U. S., 164; Texas, 
325. 

Judge, 152. 

Judges, U. S., 160. 

Judges, District, 275. 

Judgment, 286. 

Judicial Department of Gov¬ 
ernment, 40, 41, 144. 

Judicial Department of Texas, 
258-292. . 

Judicial Department, U. S.. 
144-160. 

Judicial Districts, Texas, 275. 

Judicial Power, 144-150, 258- 
264. 

Judicial System, U. S., 144- 
147; Texas, 264, 265. 

Jurisdiction of Courts, 144. 





INDEX. 


390 


Jurisprudence of Texas, 201. 

Jury 162-155, 279, 285, 326. 

Justice’s Court, 183, 265-267. 

Land Office, 245. 

Land System in Texas, 4 6, 
203, 245, 329-335. 

Law, definition of, 96; mak¬ 
ing, applying and enforc¬ 
ing, 1; Nature of, 6; Es¬ 
sential to liberty, 6-8; and 
public Opinion, 54-56; How 
made, 96, 101-105; Due 

process of, 168; Equal pro¬ 
tection of, 167. 

Laws, Local and Special, 234. 

Legislative Committees, 102. 

Legislative Department, 40, 
41. 

Legislative Powers, 227-229. 

Legislative Department of 
Texas, 227-235. 

Legislative Department of U. 
S., 96-105; Powers of Con¬ 
gress, 106-129. 

Legislative Proceedings, 101. 

Liberty, 4, 6, 8. 

Liberty of Speech, U. S., 163; 
Texas, 323. 

Lieutenant Governor, 242. 

Lottery, Mississippi case, 187. 

Magistrates, 291. 

Majority, rights of, 55. 

Manner of Legislating, 101- 
103. 

Mexican Revolution, 190. 

Militia, 13 9, 239. 

Minority, protection of, 55. 

Mississippi Lottery Case, 187. 

Monarchy, 16, 18; Absolute, 
16; Constitutional, 17. 

Money, what is, 116; Coining, 
111-119; Power to raise, 
44, 46; Power to borrow, 
46, 126. 

Morals, Public, 4 7. 

Municipal Corporations, 341- 
348. 

National Bank Notes, 117-119. 

Naturalization, 121, 122. 

Negro Schools, 312. 


New States, 90-93, 218. 

New Trials, 156, 287. 

Nominations of Candidates by 
convention, 59; by primary 
election, 62. 

Normal Schools, 312. 

North Texas State Normal 
College, 310, 312. 

Office, Right to hold, 224. 

Officers, appointment and re¬ 
moval, 138; of Executive 
Department, Texas, 237, 
238. 

Ownership, 8. 

Pardons, U. S., 137; Texas, 
240; Board of, Texas, 240, 
252. 

Parties to suits, 281. 

Parties, political, 54-64. 

Party Platform, 58. 

Patents, 123-124. 

Pensions, Commissioner of, 
.256. 

Pleadings, 155, 283. 

Police Power, 47, 187. 

Political Parties, 54-64; origin 
of, 55; Organization 56-64; 
Effect of, in election of 
President and Senators, 
131-137. 

Political Power, 7, 8, 9, 11, 

12 . 

Political Rights, 219. 

Political Subdivisions, 178- 
186. 

Postoffices, 111. 

Power, three kinds necessary 
to governing, 7. 

Prairie View State Normal 
and Industrial College, 312. 

Precinct conventions, 57, 60. 

Pre-emption, 33 4. 

President of U. S., 130-142; 
Duties of, 137-142; Qualifi¬ 
cation, 130; Election of, 
131-137; Influence on legis¬ 
lation, 103. 139; Veto pow¬ 
er, 104; Military powers, 
140. 

Presidential electors, 131-137. 



INDEX. 


391 


Presidency, Succession to, 140. 

Primary elections, 62-64; 221- 
223. 

Private corporations in Texas, 
349-359. 

Probate jurisdiction (Texas), 
269. 

Proceedings in Legislature, 

101 . 

Procedure in Courts, 150, 
155-156, 281-287. 

Protection by government, 50, 
51. 

Public Instruction, Superin¬ 
tendent of, 249, 304, 313, 
314. 

Public Opinion and Law, 54- 
56. 

Public School System, 295- 
318; Constitutional pro¬ 
visions, 296; School funds, 
297-309; Perpetual funds, 
297-300; Permanent fund, 
300; Available fund, 301- 
305; Investment of Perma¬ 
nent fund, 304; Local 
funds, 303, 309; Schools 
constituting, 310. 

Punishment essential to law, 
3. 

Purchasing Agent, 255. 

Pure Democracy, 18. 

Railroad Commission (Texas), 
257, 365-367. 

Railroads, 362-367. 

Recall, 21. 

Reconstruction in Texas, 205- 
209. 

Referendum, 21. 

Registration of land titles, 
335 

Religious Rights, 163, 322, 
323. 

Removal from office, see Im¬ 
peachment. 

Representative Democracies, 
19-25. 

Representative districts (U. 
S.), 99, 100; State, 181. 


Representatives, Election of, 
U. S., 99-101; State, 23 2- 
233. 

Republic, see Democracies. 

Republic of Texas, Unitary 
State, 27. 

Republican Form of Govern¬ 
ment, 169. 

Residence and domicile, 49. 

Restriction as to second prose¬ 
cution, 3 25. 

Revenue Agent (Texas), 254. 

Safety, Public, 4 7. 

Sam Houston Normal Insti¬ 
tute, 312. 

Self Government, 24. 

Scholastic age (Texas), 318. 

School System (Texas), 295- 
318; Community system, 
317; Constitutional pro¬ 
visions, 29 6-298; County 
Superintendent, 314; Dis¬ 
trict system, 315-317; 
Funds, State, 295-306; 
Local, 308, 309, 316; In¬ 
dependent districts, 316; 
Scholastic age, 318; Schools 
constituting the. system, 
310; State officers connect¬ 
ed with, 249, 304, 305, 313, 
314; school districts, 301- 
304, 316, 335-339; Teach¬ 
ers, 318; Trustees, 314- 
316. 

School lands (Texas), 298- 
300, 334. 

Search, freedom from, Texas, 
324. 

Secession, 81; of Texas, 205. 

Second prosecutions, restric¬ 
tions as to, 325. 

Secretary of State (Texas), 
250. 

Seizures and searches, 3 24. 

Senate (Texas, 230, 231. 

Senate (U. S.), 98, 99; sepa¬ 
rate powers of, 126, 127. 

Senators (U. S.), 98; effect 
of political parties on elec¬ 
tion of, 181-183. 



INDEX. 


392 


Sheriff (Texas), 277. 

Sovereignty, 9, 10, 11, 12; 

duties of, 43-51; power of, 
43-51. 

Sovereignty, seat of, 10, 11, 
15-25; division of, between 
States and U. S., 82-85, 

178-218. 

Southwest Texas Normal, 312. 

gpeech, freedom of, U. S., 163; 
Texas, 323. 

State conventions, 60. 

State, Federal, 28, 29. 

State, Political subdivisions 
of, 25, 178-186. 

State, Unitary, 27, 29, 85. 

State, Confederation, as, 2 7. 

State and Federal govern¬ 
ments, 80-86, 178-218.' 

States, Admission of, 90-93. 

States, Rights and Powers of, 
82-85, 166. 

State Governments, 176-187; 
Relations to, U. S., 178, 

218; Relations to each 
other, 171. 

Subjects, 4 8. 

Suffrage, see Voting. 

Superintendent of Public In¬ 
struction, County, 314. 

Superintendent of Public In¬ 
struction, State, 249, 304, 
313, 314. 

Supreme Court (Texas), 289. 

Supreme Court (U. S.), 159, 
160. 

Tax Commission (Texas), 256. 

Taxation, 43; U. S., 108-111; 
Texas, 186, 335-339. 

Taxation by Congress, 108- 
110; Direct, 109; Indirect, 
109, 110. 

Taxation (Texas), 186, 335- 
339; for school purposes, 
301-304, 316. 


Teachers, 318. 

Territorial Government, 88- 
91. 

Texas, Annexation of, 92; in 
the Mexican Republic; 
Colonization in, 191; Rev¬ 
olution, Causes of, 192- 
19 7; Provisional Govern¬ 
ment, 195; Consultation, 

1835, 194; Convention of 

1836, 195; Revolution, 195- 
198; Government ad Inte¬ 
rim, 197; Republic, 200- 
204; Admission as a State, 
204; Jurisprudence, 101; 
Homestead Law, 202; Con¬ 
stitution of 1845, 204; Se¬ 
cession and Constitution of 
1861, 205; Reconstruction, 
205-209; Constitution, of 
18 6 6, 207; Constitution of 
1869, 208; Constitution of 
1876, 209, 210. 

Texas Industrial Institute, 
312. 

Towns, see Cities and Towns. 

Treasurer, State, 244. 

Treaties, 138. 

Trial by Jury, 165. 

Trial Courts, 145, 155. 

Trials, Examining, 291; New, 
156, 187. 

Unitary States, 26; Republic 
of Texas, 200. 

University of Texas, 310. 

Verdict, 154, 285. 

Veto, U. S., 104. 

Veto, Texas, 240-242. 

Vice President, 140, 141. 

Voting, 22, 23; who may vote 
in Texas, 219-221; Reg¬ 
ulated by the State, 23, 24, 
221; Race, color and servi¬ 
tude, as affecting, 23, 168. 

Voting precincts, 57, 60, 182. 

West Texas Normal, 312. 


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